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Madras High CourtCRL OP/18095/2021disposed of

Loganathan v. Superintendent Of Police

2021-10-06Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18095 of 2021 Loganathan

...Petitioner

Versus

1. The Superintendent of Police, Thiruppathur, Thiruppathur District.

2. The Inspector of Police, Cyber Crime, Thiruppathur, Thiruppathur District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register the FIR based on the petitioner's complaint dated 16.08.2021.

For Petitioner :

Mr.K.Thiruvengadam For Respondents :

Mr.R.Vinoth Raja (Crl.Side) Government Advocate.

ORDER

This petition has been filed to direct the respondents to register an FIR on the basis of the petitioner's complaint dated 16.08.2021.

2. Heard the learned counsel for the petitioner and the learned Government Advocate 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 https://hcservices.ecourts.gov.in/hcservices/

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 dna/drm To

1. The Superintendent of Police, Thiruppathur, Thiruppathur District.

2. The Inspector of Police, Cyber Crime, Thiruppathur, Thiruppathur District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18095 of 2021 RLD[co] NSK 28/10/2021 https://hcservices.ecourts.gov.in/hcservices/