Madras High CourtCRL OP/18255/2020disposed of

S.Shankar v. State Rep By,

2021-01-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P. No.18255 of 2020 S.Shankar ..Petitioner .vs.

1. The State represented by the Inspector of Police, Soorampatti Police Station, Erode District.

2. The Superintendent of Police, Office of the Superintendent of Police, Erode District.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to register the complaint dated 06.10.2020 of the petitioner, and take proper action against the accused person. For Petitioner : Mr.A.T.Anbu Kumar For Respondents: Mr.M.Mohamed Riyaz, Addl. Public Prosecutor

ORDER

This petition has been filed to direct the respondent to register a case based on the complaint dated 06.10.2020 of the petitioner and take proper action against the accused person. 2.Heard the learned counsel for the petitioner and the learned Addl. 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 https://hcservices.ecourts.gov.in/hcservices/

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. This Criminal Original Petition is disposed of accordingly. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To

1. The Inspector of Police, Soorampatti Police Station, Erode District.

2. The Superintendent of Police, Office of the Superintendent of Police, Erode District.

3. The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P. No.18255 of 2020 rr ii (01/02/2021) https://hcservices.ecourts.gov.in/hcservices/