Madras High CourtCRL OP/16669/2020disposed of

Mubarak Basha v. The Inspector Of Police

2021-01-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.16669 of 2020 Mubarak Basha

...Petitioner

.Vs.

The Inspector of Police Krishnagiri Taluk Circle, Krishnagiri

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the FIR against the accused based on the complaint prepared by the petitioner on 24.09.2020 in CSR No.149/2020.

For Petitioner : Mr.P.Vishnu 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 police to register the FIR based on the complaint given by the petitioner on 24.09.2020 in CSR No.149/2020.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

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/

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) //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police Krishnagiri Taluk Circle, Krishnagiri.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.16669 of 2020 A.SK(05.02.2021).

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