Madras High CourtCRL OP/18975/2021disposed of

M.Joseph 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.18975 OF 2021 M.Joseph ... Petitioner

Versus

State Rep. by The Superintendent of Police, Office of the Superintendent of Police, Chengalpattu.

... Respondent PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register a case based on the complaint lodged by the petitioner dated 12.02.2021 and to investigate into the matter. For Petitioner : Mr.S.Joel For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the respondent to register a case based on the complaint lodged by the petitioner dated 12.02.2021 and to investigate into the matter. 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 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. 4.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ah To

1. The Superintendent of Police, Office of the Superintendent of Police, Chengalpattu.

2. The Public Prosecutor High Court, Madras.

CRL.O.P.No.18975 of 2021 CP(CO) CS/08/11/2021 https://hcservices.ecourts.gov.in/hcservices/