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Madras High CourtCRL OP/17811/2021disposed of

N. Raja v. The Superintendent Of Police

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.17811 OF 2021 N.Raja ... Petitioner

Versus

1. The Superintendent of Police Salem District Salem.

2. The Inspector of Police Magudanchavadi Police Station Salem District.

.. Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to register the complaint based on the petitioner complaint dated on 03.09.2021 and investigate matter in accordance with law. For Petitioner :Mr.A.G.Narasimhan For Respondents :Mr.R.Vinothraja Govt. Advocate (Crl.Side)

ORDER

This petition has been filed to direct the 2nd respondent to register the complaint based on the petitioner complaint dated on 03.09.2021 and investigate matter in accordance with law. 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 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 III) //True Copy// Sub Assistant Registrar nr/sms To

1. The Superintendent of Police Salem District Salem.

2. The Inspector of Police Magudanchavadi Police Station Salem District.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.M.Subash, Advocate SR.No.51817 CRL.O.P.No.17811 of 2021 SV(CO) PM/27/10/2021 https://hcservices.ecourts.gov.in/hcservices/