Madras High CourtCRL OP/17922/2020disposed of

S.Alagharsamy v. The Superintendent Of Police,

2021-01-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17922 of 2020 and Crl.MP.No.7950 of 2020 S.Alagarsamy ... Petitioner Vs.

1. The Superintendent of Police District Police Office Chengalpet District.

2. The Inspector of Police Pallavaram Police Station Pallavaram Chennai - 600 043.

3. R.Kannan

4. The Inspector of Police Guduvancherry Police Station Guduvancherry Chengalpet District.

(Impleaded as per order dated 05.01.2021 in Crl. M.P. No. 7950 of 2020 in Crl. O.P.

No. 17922 of 2020) ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. directing the Second Respondent to provide Police protection to the Petitioner by considering his representation letter dated 04.09.2020.

For Petitioner : Mr.S.Radhakrishnan For Respondents : Mr.M.Mohamed Riyaz- R1, R2 & R4 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for police protection to the petitioner.

2. Heard Mr.S.Radhakrishnan, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor, appearing on behalf of the respondents 1,2 & 4. https://hcservices.ecourts.gov.in/hcservices/

3. The relief sought for by the petitioner in the criminal Original Petition is for taking action against the accused person based on the complaint given by the petitioner on 28.08.2020 and 04.09.2020. The natural consequence of the complaint given by the petitioner would be to register an FIR and taken action.

4. 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. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra.

5. In the result, this Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rli To

1. The Superintendent of Police District Police Office Chengalpet District.

2. The Inspector of Police Pallavaram Police Station Pallavaram Chennai - 600 043.

3. The Inspector of Police Guduvancherry Police Station Guduvancherry Chengalpet District.

4. The Public Prosecutor High Court of Madras Chennai - 600 104.

RGN(CO) SM/16/02/2021 Crl.O.P.No.17922 of 2020 and Crl.MP.No.7950 of 2020 https://hcservices.ecourts.gov.in/hcservices/