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Madras High CourtCRL OP/19789/2020disposed of

R.Manoharan v. The Inspector Of Police

2021-01-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P. No.19789 of 2020 R.MANOHARAN .. Petitioner .vs.

THE STATE OF TAMILNADU REPRESENTED BY THE INSPECTOR OF POLICE M1, POLICE STATION MADHAVARAM HIGH ROAD MADHAVARAM CHENNAI 600 110.

.. Respondent This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondent police to register FIR the petitioner's complaint dated 27.02.2020 and file a FIR.

For Petitioner : M/s.Chennai Law Associates For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent police to register FIR based on the petitioner's complaint dated 27.02.2020 and file a FIR.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 https://hcservices.ecourts.gov.in/hcservices/

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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. THE INSPECTOR OF POLICE M1, POLICE STATION MADHAVARAM HIGH ROAD MADHAVARAM CHENNAI 600 110.

2. THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

Crl.O.P. No.19789 of 2020 SR(CO) SP(03/02/2021) https://hcservices.ecourts.gov.in/hcservices/