K.A.Siraghiriraman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.6939 of 2021 K.A.Siraghiriraman

...Petitioner

Versus

State rep. by:- 1.The Commissioner of Police, Greater Chennai, Chennai.

2.The Sub-Inspector of Police, Central Crime Branch, EDF-I, Wing, Team - 2, Vepery, Chennai - 7.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to register a FIR on the basis of the complaint dated 24.02.2020 vide CSR.No.1127/CCB/COP/2020 given by the petitioner to the 1st respondent.

For Petitioner :

Mr.P.G.Santhosh Kumar For Respondents :

Mr.M.Mohammed Riyaz, Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent Police to register a case based on the petitioner complaint dated 20.02.2020 pending on the file of the 2nd respondent Police. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

3.This petition is not maintainable, in view of the Order passed by a Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489. The Hon'ble Supreme Court in its latest judgment https://hcservices.ecourts.gov.in/hcservices/

rendered by a three Judge Bench in M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has categorically held that the High Court cannot issue any direction for registration of FIR in exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court held that the informant has to necessarily avail of the alternative remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra. 4.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna To 1.The Commissioner of Police, Greater Chennai, Chennai.

2.The Sub-Inspector of Police, Central Crime Branch, EDF-I, Wing, Team - 2, Vepery, Chennai - 7.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.G.Santhosh Kumar, Advocate, S.R.No.22703 CRL.O.P.No.6939 of 2021 GPL(CO) RN(11/06/2021) https://hcservices.ecourts.gov.in/hcservices/