R.D.Aravind Kumar v. The State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.18253 of 2020 R.D.Aravind Kumar
...Petitioner
.Vs.
The State rep.by The Inspector of Police V1 Villivakkam Police Station, Villivakkam, Chennai 600049.
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent herein to register the on-line complint No.DAR20106565 dated 19.09.2020.
For Petitioner : Mr.C.Purushothaman For Respondent : Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to direct the respondent to register the FIR, based on the petitioner's on-line complaint dated 19.09.2020. 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 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. https://hcservices.ecourts.gov.in/hcservices/ Page numbers
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 KP To 1.The Inspector of Police V1 Villivakkam Police Station, Villivakkam, Chennai 600049.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.G.Purushothaman, Advocate SR.620 CRL.O.P.No.18253 of 2020 PVS(CO) CB(02/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers