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Madras High CourtCRL OP/18739/2020disposed of

Udayakumar v. State Rep By Its

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.18739 of 2020 Udayakumar .. Petitioner vs.

State rep.by The Inspector of Police (Crime), J-6, Thiruvanmiyur Police Station, Chennai 600 041.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to investigate and register the case on the petitioner complaint dated 03.11.2020 pending investigation on the file of the respondent Police.

For Petitioner : Mr.D.Nandagopal For Respondent : Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent police to investigate and register the case based on the petitioner complaint dt.03.11.2020, pending on the file of the respondent police.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

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

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.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police (Crime), J-6, Thiruvanmiyur Police Station, Chennai 600 041.

2.The Additional Public Prosecutor, High Court, Madras.

Crl.O.P No.18739 of 2020 RSI(CO) CB(01/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers