Madras High CourtCRL OP/18294/2021disposed of

Dharmaraj v. State Rep By

2021-10-08Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18294 of 2021 Dharmaraj ... Petitioner

Versus

The State Rep by The Inspector of Police, Kinathukadavu Police Station, Coimbatore District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the case based on the petitioner's complaint vide CSR.No.159/21 dated 17.08.2021 and file a FIR. For Petitioner : Mr.M.N.Balakrishnan For Respondents : Mr.R.Vinoth Raja, Government Advocate (crl.side)

ORDER

This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 17.08.2021.

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

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.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar mpl To

1. The Inspector of Police, Kinathukadavu Police Station, Coimbatore District.

2. The Public Prosecutor, High Court, Madras-104.

+1cc to M/s.M.N.Bala Krishnan, Advocate, S.R.No.53384 CRL.O.P.No.18294 of 2021 SSV(CO) SB(26/10/2021) https://hcservices.ecourts.gov.in/hcservices/