Madras High CourtCRL OP/16948/2021disposed of

K.N.Ramanarayanan 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.16948 of 2021 K.N.Ramanarayanan ... Petitioner

Versus

State rep by The Inspector of Police, C-4, Somangalam Police Station, Kancheepuram District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register on the complaint dated 23.04.2021 given by the petitioner in C.S.R.No.190/2021 dated 23.04.2021 and investigate the same in accordance with law.

For Petitioner :

M/s.R.Sasikumar For Respondents:

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

ORDER

This petition has been filed to direct the respondent police to register on the complaint dated 23.04.2021 given by the petitioner in C.S.R.No.190/2021 dated 23.04.2021 and investigate the same in accordance with law.

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

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-II) //True Copy// Sub Assistant Registrar drm/sms To 1.The Inspector of Police, C-4, Somangalam Police Station, Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sasikumar, Advocate, S.R.No.47400 CRL.O.P.No.16948 of 2021 GPL(CO) CB(06/10/2021) https://hcservices.ecourts.gov.in/hcservices/