Madras High CourtCRL OP/16399/2021disposed of

Masilamani v. Superintendent Of Police

2021-09-22Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.16399 of 2021 Masilamai ....Petitioner

Versus

1.The Superintendent of Police Tiruvannamalai Tiruvannamalai Disrict.

2.The Deputy Superintendent of Police Tiruvannamalai Tiruvannamalai District.

3.The Inspector of Police Keezhpennathur Police Station Tiruvannamalai Taluk & District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent police to register the FIR on the complaint dated 25.07.2021. For Petitioner : Mr.R.Rajarajan For Respondents : Mr.R.Vinoth Raja Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the third respondent police to register the FIR on the complaint dated 25.07.2021.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing on behalf of the respondents.

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

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. 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-VI) // True Copy // Sub Assistant Registrar dna To 1.The Superintendent of Police Tiruvannamalai Tiruvannamalai Disrict.

2.The Deputy Superintendent of Police Tiruvannamalai, Tiruvannamalai District.

3.The Inspector of Police Keezhpennathur Police Station Tiruvannamalai Taluk & District.

4.The Public Prosecutor High Court, Madras.

+1CC to Mr.R.Rajarajan, Advocate, SR.No. 48464 CRL.O.P.No.16399 of 2021 GMR(CO) B.VC (18/10/2021) https://hcservices.ecourts.gov.in/hcservices/