Madras High CourtCRL OP/19932/2020disposed of

N.S.Rangachari v. State Of Tamilnadu Rep By Its

2021-02-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.02.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.19932 of 2020 N.S.Rangachari .. Petitioner Vs.

1. State of Tamil Nadu rep by its The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Inspector of Police, Central Crime Wing, Vepery, Chennai - 600 007.

3. N.Velappan .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st and 2nd respondents to take further action the complaint dated 14.03.2020 and take action against the 3rd respondent.

For Petitioner : Mr.S.Ilamvazhuthi For Respondents : Mr.C.Raghavan, Government Advocate for R1 & R2

O R D E R

This petition has been filed to direct the 1st respondent to 3rd respondent to take necessary further action based on the complaint dated on 12.11.2020 and to investigate the case. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents 1 & 2.

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 https://hcservices.ecourts.gov.in/hcservices/

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. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CS.VIII) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Inspector of Police, Central Crime Wing, Vepery, Chennai - 600 007.

3.The Public Prosecutor, High Court, Madras.

AKM/25.2.21 /2P-4C/ Crl.O.P.No.19932 of 2020 01.02.2021 https://hcservices.ecourts.gov.in/hcservices/