Madras High CourtCRL OP/12564/2021disposed of

Saravana Kumar v. State Rep By

2021-09-30Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.12564 of 2021 Saravana Kumar ... Petitioner

Versus

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

2.The Inspector of Police, Annamalai Nagar, Chidambaram, Cuddalore District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a suitable direction to the respondents police to register a case on the basis of petitioner's complainant dated 03.06.2021.

For Petitioner :

Mr.A.P.Sathiyamurthy For Respondents:

Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This petition has been filed to issue a suitable direction to the respondents police to register a case on the basis of petitioner's complainant dated 03.06.2021.

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

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(CO) //True Copy// Sub Assistant Registrar sms/gv To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Annamalai Nagar, Chidambaram, Cuddalore District.

3.The Public Prosecutor,(Criminal Side) High Court, Madras.

CRL.O.P.No.12564 of 2021 sra[co] srg 12/10/2021 https://hcservices.ecourts.gov.in/hcservices/