E.P.Ramesh v. The Superintendet Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.12006 OF 2022 E.P.Ramesh

...Petitioner

Vs.

1.The Superintendent of Police, Thiruvallur District.

2.The Deputy Superintendent of Police, Thirutani Taluk, Thiruvallur District.

3.The Inspector of Police, Thiruvalangadu Police Station, Thiruvallur District.

...Respondents

PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the third respondent viz., the Inspector of police, Thiruvalangadu police Station, Thiruvallur District, to register the FIR, based on the complaint given by the petitioner dated 15.04.2022.

For Petitioner :

Mr.S.Baskaran For Respondents :

Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction the third respondent viz., the Inspector of police, Thiruvalangadu police Station, Thiruvallur District, to register the FIR, based on the complaint given by the petitioner dated 15.04.2022.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 dismisssed accordingly.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar shk/rgi To 1.The Superintendent of Police, Thiruvallur District.

2.The Deputy Superintendent of Police, Thirutani Taluk, Thiruvallur District.

3.The Inspector of Police, Thiruvalangadu Police Station, Thiruvallur District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Baskaran, Advocate Sr.No.32580 Crl.O.P.No.12006 of 2022 RLD(CO) RVM(15/06/2022) https://hcservices.ecourts.gov.in/hcservices/