Madras High CourtCRL OP/17700/2021disposed of

Riyaz Ahmed v. The State Rep By

2021-10-04Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17700 of 2021 Riyaz Ahmed ....Petitioner

Versus

1.The Superintendent of Police, Sathrachari Vellore, Vellore District.

2.The State Rep by.Inspector of Police, Pernambattu Police Station, Pernambattu-635 810

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd Respondent Police to register the FIR based on the complaint given by petitioner dated on 26.06.2021 CRS.No.234 of 2021. For Petitioner :

Ms.Farheen Begum.

For Respondents:

Mr.R.Vinothraja Govt. Advocate (Crl.Side)

ORDER

This petition has been filed to direct the 2nd Respondent Police to register the FIR based on the complaint given by petitioner dated on 26.06.2021 CRS.No.234 of 2021. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) 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 https://hcservices.ecourts.gov.in/hcservices/

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(CS-VII) //True Copy// Sub Assistant Registrar nr/sms To 1.The Superintendent of Police, Sathrachari Vellore, Vellore District.

2. The Inspector of Police, Pernambattu Police Station, Pernambattu-635 810

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.17700 of 2021 RLD(CO) CB(27/10/2021) https://hcservices.ecourts.gov.in/hcservices/