Madras High CourtCRL OP/18921/2021disposed of

M.K.Maniyan v. 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.18921 of 2021 M.K.Maniyan ... Petitioner

Versus

1.The State Rep. by The Inspector of Police, District Crime Branch, Thiruvallur, Thiruvallur District.

2.The Superintendent of Police, S.P. Office Campus, Thiruvallur, Thiruvallur District. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent police to register the complaint dated 28.08.2021 given by the petitioner in GDP. No.EUW 21123056/SP/TVLR/Dt 28.08.2021 and file a FIR.

For Petitioner : Mr.M.P.Saravanan For Respondents: Mr.R.Vinoth Raja Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the first respondent police to register the complaint dated 28.08.2021 given by the petitioner in GDP. No.EUW 21123056/SP/TVLR/Dt 28.08.2021 and file a FIR.

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

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 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 ah To 1.The Inspector of Police, District Crime Branch, Thiruvallur, Thiruvallur District.

2.The Superintendent of Police, S.P. Office Campus, Thiruvallur, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.P.Saravanan, Advocate Sr.54186 CRL.O.P.No.18921 of 2021 gpl[co] srg 02/11/2021 https://hcservices.ecourts.gov.in/hcservices/