T.Raja Premkumar v. The Superintendent Of Police

1 Crl.OP No.18733 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.18733 of 2020 T.Raja Prem Kumar

...Petitioner

.Vs.

1.The Superintendent of Police, Erode.

2.Inspector of Police, Erode City Police Station, Erode.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to herein to register FIR on petitioners complaint dated 15.07.2019 and to proceed in accordance with law.

For Petitioner : Mr.A.Immanuel For Respondents : Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

2 Crl.OP No.18733 of 2020

O R D E R

This Criminal Original Petition has been filed to direct the respondents to register FIR based on the petitioner's complaint dated 15.07.2019.

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 jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court held that the informant has to necessarily avail of the

3 Crl.OP No.18733 of 2020 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.

18.01.2021 Index : Yes/No Internet: Yes/No KP To 1.The Superintendent of Police, Erode.

2.Inspector of Police, Erode City Police Station, Erode.

3.The Public Prosecutor, High Court, Madras.

4 Crl.OP No.18733 of 2020 N.ANAND VENKATESH. J., KP CRL.O.P.No.18733 of 2020 18.01.2021