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Madras High CourtCRL OP/14306/2021disposed of

G.Anbalagan v. The Superintendent Of Police,

2021-09-28Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.14306 OF 2021 G. Anbalagan ... Petitioner

Versus

1. The Superintendent of Police, District Police Office, Tiruchengodu Road, Namakkal - 637 001.

2. The Deputy Superintendent of Police, Paramathy Road, Namakkal - 637 001.

... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register the petitioner's complaint dated 14.06.2021. For Petitioner : Mr.M.Tamilpriyan For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 14.06.2021.

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 rendered https://hcservices.ecourts.gov.in/hcservices/

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(CS II) //True Copy// Sub Assistant Registrar mrp To 1.

The Superintendent of Police, District Police Office, Tiruchengodu Road, Namakkal - 637 001.

2.

The Deputy Superintendent of Police, Paramathy Road, Namakkal - 637 001.

3.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Anbalagan, Advocate, S.R.No.49897 CRL.O.P.NO.14306 OF 2021 AK-II(CO) PBS/11/10/2021 https://hcservices.ecourts.gov.in/hcservices/