Madras High CourtCRL OP/16736/2021disposed of

P.Prakasan v. The Superintendent Of Police

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.16736 of 2021 P.Prakasan ... Petitioner

Versus

1.The Superintendent of Police, O/o. Superintendent of Police, Railway Station Road, Coimbatore- 641 018.

2.The Inspector of Police, Kinathu Kadavu Police Station, Pollachi Main Road, Coimbatore.

... 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 accused viz., (1) Tony T.A. (2) Rosamma Tony and (3) Jose Tony, on the basis of the petitioner's complaint dated 30.08.2021.

For Petitioner :

M/s.B.Manimaran For Respondents:

Mr.S.Vinoth Kumar, Government Advocate (Crl Side)

ORDER

This petition has been filed to direct the 2nd respondent to register the FIR against the accused viz., (1) Tony T.A.

(2) Rosamma Tony and (3) Jose Tony, on the basis of the petitioner's complaint dated 30.08.2021.

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

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/- Deputy Registrar(CS) //True copy// Sub Assistant Registrar drm/sms To 1.The Superintendent of Police, O/o. Superintendent of Police, Railway Station Road, Coimbatore- 641 018.

2.The Inspector of Police, Kinathu Kadavu Police Station, Pollachi Main Road, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.B.Manimaran, Advocate SR.No.47362 CRL.O.P.No.16736 of 2021 SJ(CO) GMY(24/09/2021) https://hcservices.ecourts.gov.in/hcservices/