Madras High CourtCRL OP/16982/2021disposed of

Syed Rahmathullah Kani v. State Rep By

2021-09-17Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.16982 OF 2021 Syed Rahmathullah Kani ... Petitioner

Versus

State rep. by:-

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

2. The Inspector of Police, H-2, Guduvancherry Police Station, Chengalpattu.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to register the FIR against the said M.H.Jawahirullah and his men's, based on the petitioner's complaint dated 22.08.2021. For Petitioner : M/s.M.Mohamed Riyas For Respondents : Mr.A.Damodaran, Additional Public Prosecutor For Intervenor : Mr.M.Mohamed Riyaz

ORDER

This petition has been filed to direct the 2nd respondent to register the FIR against the said M.H.Jawahirullah and his men's, based on the petitioner's complaint dated 22.08.2021. https://hcservices.ecourts.gov.in/hcservices/

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. 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(L.A) // True Copy // Sub Assistant Registrar drm/sms To

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

2. The Inspector of Police, H-2, Guduvancherry Police Station, Chengalpattu.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.16982 of 2021 PMK(CO) RLP(07/10/2021) https://hcservices.ecourts.gov.in/hcservices/