E.Saravanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9461 of 2022 E.Saravanan ... Petitioner Vs.

1.The State represented by its The Commissioner of Police, Office of Commissioner of Police, Avadi, Chennai.

2.The Assistant Commissioner of Police, Avadi Range, Avadi.

3.The Inspector of Police, Avadi Police Station, Avadi, Chennai 600 054.

...Respondents

PRAYER: The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the third respondent to register the case on the basis of the complaint lodged by the petitioner dated 18.12.2021 and further direct the first and second respondents to monitor the investigation. For Petitioner :Mr.H.Kalpana For Respondents :Mr.V.Meganathan, Government Advocate (crl.side)

O R D E R

The Criminal Original Petition has been filed seeking for a direction to the third respondent to register the case on the basis of the complaint lodged by the petitioner dated 18.12.2021 and further direct the first and second respondents to monitor the investigation.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) 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 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 // TRUE COPY // SUB ASSISTANT REGISTRAR shk/sai To 1.The Commissioner of Police, Office of Commissioner of Police, Avadi, Chennai.

2.The Assistant Commissioner of Police, Avadi Range, Avadi.

3.The Inspector of Police, Avadi Police Station, Avadi, Chennai 600 054.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9461 of 2022 sj[co] srg 11/05/2022