M/S. Reliance General Insurance Company Ltd., v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18110 of 2021 M/s.Reliance General Insurance Company Ltd.

rep. by Authorised representative Mr.Prakash ... Petitioner

Versus

The Inspector of Police, H-2, Guduvancherry Police Station, Guduvancherry, Kanchipuram District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to issue necessary direction to register the case on the complaint of the petitioner dated 15.03.2021 vide CSR No.580 of 2021 and complete the investigation and file a FIR. For Petitioner :

Mr.I.Periaswamy For Respondent :

Mr.R.Vinothraja Government Advocate(Crl.side)

ORDER

(This case has been heard through video conference) This petition has been filed to direct the respondent to register a case based on the petitioner's complaint dated 15.03.2021 pending on the file of the respondent Police. 2.Heard the learned counsel for the petitioner and the learned Government Advocate 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 https://hcservices.ecourts.gov.in/hcservices/

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 rpp To

1. The Inspector of Police, H-2, Guduvancherry Police Station, Guduvancherry, Kanchipuram District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.I.Periaswamy, Advocate, S.R.No.52703 CRL.O.P.No.18110 of 2021 SVI(CO) GN(01/11/2021) https://hcservices.ecourts.gov.in/hcservices/