M/S. Aditya Birla Finance Limited v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P. No.20081 of 2020 M/S. ADITYA BIRLA FINANCE LIMITED REP.BY ITS AUTHORIZED OFFICER MR.M.SHIVARASAN MOHAN KUMAR DEVAR HAVING ITS REGISTERED OFFICE AT INDIAN RAYON COMPOUNT VERAVAL, GUJART - 32.

.. Petitioner .vs.

THE STATE REP. BY INSPECTOR OF POLICE STATION H-2, GUDUVANCHERRY POLICE STATION GUDUVANCHERRY.

..Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Respondent - The Inspector of Police , H2, Guduvancheri Police Station, Guduvancheri, to register the complaint dated 13.10.2020.

For Petitioner : Mr.K.Mariyappan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent police to register the complaint dated 13.10.2020.

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 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.

04.01.2020 mra Speaking/Non-speaking order Index : Yes/No Internet : Yes/No To 1.

INSPECTOR OF POLICE STATION H-2, GUDUVANCHERRY POLICE STATION GUDUVANCHERRY.

2.

THE PUBLIC PROSECUTOR, HIGH COURT OF MADRAS, MADRAS.

N. ANAND VENKATESH,. J.

mra Crl.O.P. No.20081 of 2020 04.01.2020