G.Saravanan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.8880 OF 2022 G.Saravanan ... Petitioner Vs.

1. The Superintendent of Police, Namakkal District, Namakkal.

2. The Inspector of Police, Namakkal Police Station, Namakkal, Namakkal District.

...Respondents

PRAYER:

The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the 2nd respondent police to register the case on the complaint given by the petitioner dated 26.02.2022 and file a FIR and pass such further or other order as this Court may deem fit and proper. For Petitioner : Mr.R.Muruga Bharathi For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed seeking for a direction to the 2nd respondent police to register the case on the complaint given by the petitioner dated 26.02.2022 and file the FIR.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader and perused the materials available on record.

3. This petition is not maintainable, in view of the Order passed by a Hon'ble Division Bench of this Court in https://hcservices.ecourts.gov.in/hcservices/

G.Prabhakaran v. The Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489. The Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench in M.Subramaniam v. S.Janaki, reported in (2020) 5 CTC 464, after relying upon Sakiri Vasu's 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 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 Hon'ble Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar shk/sai To

1. The Superintendent of Police, Namakkal District, Namakkal.

2. The Inspector of Police, Namakkal Police Station, Namakkal, Namakkal District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Muruga Bharathi, Advocate, S.R.No.27041 Crl.O.P.No.8880 of 2022 AKII(CO) PM/06/05/2022 https://hcservices.ecourts.gov.in/hcservices/