P.Abusali v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.20083 of 2021 P.Abusali

...Petitioner

Versus

1. The State rep by The Superintendent of Police, Office of Superintendent of Police, Kallakurichi District, Kallakurichi.

2. The Deputy Superintendent of Police, Kallakurichi.

3. Inspector of Police, Kallakurichi Police Station, Kallakurichi District.

...Respondents

PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent to register the petitioner's complaint dated 08.09.2021 registered as C.S.R.No.758 of 2021 and expedite the investigation within the stipulated time.

For Petitioner :

Mr.M.Govindaraju For Respondents :

Mr.R.Vinothraja Government Advocate (Crl. side)

ORDER

This petition has been filed to direct the third respondent to register the petitioner's complaint dated 08.09.2021 registered as C.S.R.No.758 of 2021 and expedite the investigation within the stipulated time.

2.Heard the learned counsel for the petitioner and the learned Government Advocate 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 https://hcservices.ecourts.gov.in/hcservices/

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 VIII) //True Copy// Sub Assistant Registrar drm/sms To

1. The Superintendent of Police, Office of Superintendent of Police, Kallakurichi District, Kallakurichi.

2. The Deputy Superintendent of Police, Kallakurichi.

3. The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Govindaraju, Advocate, S.R.No.56771 CRL.O.P.No.20083 of 2021 PM[co] NSK 24/11/2021 https://hcservices.ecourts.gov.in/hcservices/