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Madras High CourtCRL OP/19268/2021disposed of

Gopal v. The State Rep By

2021-10-21Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.19268 OF 2021 Gopal ... Petitioner

Versus

The State, Rep. by The Inspector of Police, Ammapet Police Station, Salem District.

... Respondent PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction to the respondent to register F.I.R based on the complaint of the petitioner dated 26.07.2021 for offence under Section 294 (b), 324, 506 (i) IPC. For Petitioner : Mr.B.Vasudevan For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

This petition has been filed to issue direction to the respondent to register F.I.R based on the complaint of the petitioner dated 26.07.2021 for offence under Section 294 (b), 324, 506 (i) IPC.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing on behalf of the respondents.

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

(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 V) //True Copy// Sub Assistant Registrar Jeni To 1.

The Inspector of Police, Ammapet Police Station, Salem District.

2.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Vasudevan, Advocate, S.R.No.53987 CRL.O.P.No.19268 of 2021 AK-II(CO) PBS/02/11/2021 https://hcservices.ecourts.gov.in/hcservices/