Madras High CourtCRL OP/18618/2020disposed of

E.Venkatesan v. State Rep.By

2021-01-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.18618 of 2020 E.Venkatesan

...Petitioner

.Vs.

1. State rep.by The Deputy Superintendent of Police [Rural], Muthu Vinayakar Koil Street, Tiruvannamalai HO, Tiruvannamalai District 606 601.

2. State rep.by The Inspector of Police Veraiyur Police Station, Veraiyur, SH-9 Tiruvannamalai By Pass Road Tiruvannamalai District 606806.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent namely, the Inspector of Police, Veraiyur Police Station, Veraiyur, SH-9, Tiruvannamalai By Pass Road, Tiruvannamalai District-606806, to register a case based on the complaint dated 31.08.2020 given by the petitioner to the 1st respondent herein. For Petitioner : Mr.N.Kumar Rajan For Respondents: Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent police to register the FIR, based on the petitioner's complaint dated 31.08.2020.

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

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 //True Copy// Sub Assistant Registrar KP To 1.The Deputy Superintendent of Police [Rural], Muthu Vinayakar Koil Street, Tiruvannamalai HO, Tiruvannamalai District 606 601.

2.The Inspector of Police Veraiyur Police Station, Veraiyur, SH-9 Tiruvannamalai By Pass Road Tiruvannamalai District 606806.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.N.Kumar, Advocate Sr.No. 127 CRL.O.P.No.18618 of 2020 MGR(CO) RMP(29/01/2021) https://hcservices.ecourts.gov.in/hcservices/