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Madras High CourtCRL OP/17067/2021disposed of

A.J.Suresh Kumar v. State Rep By

2021-09-28Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.17067 OF 2021 A.J.Suresh Kumar ... Petitioner

Versus

1. The State represented by Commissioner of Police, Chennai.

2. The State represented by The Deputy Commissioner of Police, Kilpauk, Chennai - 10.

3. The State represented by The Inspector of Police, Thousand light Police Station, Greams Road, Chennai - 6.

... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 3rd respondent to register the complaint dated 02.08.2021 and file a FIR. For Petitioner : Mr.S.Arokia Mani Raj For Respondents :

Mr.A.Damodharan, Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 02.08.2021 pending on the file of the 3rd respondent Police.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 VII) //True Copy// Sub Assistant Registrar mrp To 1.

The Commissioner of Police, Chennai.

2.

The Deputy Commissioner of Police, Kilpauk, Chennai - 10.

3.

The Inspector of Police, Thousand light Police Station, Greams Road, Chennai - 6.

+2ccs to Mr.S.Arokia Mani Raj, Advocate, S.R.No.53564 (10/11/2021) CRL.O.P.NO.17067 OF 2021 VBM(CO) PBS/12/10/2021 https://hcservices.ecourts.gov.in/hcservices/