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Madras High CourtCRL OP/17812/2021disposed of

S.Selvakumar 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.17812 OF 2021 S.Selvakumar ....Petitioner/ Defacto Complainant

Versus

The State Rep. by., Inspector of Police, Mahalingapuram Police Station, Mahalingapuram, Pollachi-642 002

...Respondent/

Respondent PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the complaint dated 30.08.2021 and to take action against them according to law.

For Petitioner :

Mr.B.Thirumalai For Respondent :

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

ORDER

This petition has been filed to direct the respondent police to register the complaint dated 30.08.2021 and to take action against them according to law.

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

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.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar nr/sms To

1. Inspector of Police, Mahalingapuram Police Station, Mahalingapuram, Pollachi-642 002

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Thirumalai, Advocate, S.R.No.51533 CRL.O.P.No.17812 of 2021 NR(CO) PM/28/10/2021 https://hcservices.ecourts.gov.in/hcservices/