B.Saravanan v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18551 of 2021 B.Saravanan ... Petitioner
Versus
State rep. By Inspector of Police, R-3, Nolambur Police Station, Mugappair East, Chennai-600037.
... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the FIR based on the complaint dated 24.01.2019 lodged by petitioner and investigate the same. For Petitioner :
Mr.D.Chandra Sekar For Respondent :
Mr.R.Vinothraja, 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 24.01.2019.
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 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.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mrp To 1.The Inspector of Police, R-3, Nolambur Police Station, Mugappair East, Chennai-600037.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.D.Chandrasekar, Advocate, S.R.No.54149 CRL.O.P.No.18551 of 2021 BS(CO) CB(02/11/2021) https://hcservices.ecourts.gov.in/hcservices/