Madras High CourtCRL OP/20735/2020disposed of

S.Sivakumar v. State Rep By Inspector Of Police

2021-01-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P. No.20735 of 2020 S.Sivakumar .. Petitioner .vs.

1. The State rep. by Inspector of Police, R-3, Ashok Nagar Police Station, Ashok Nagar, Chennai.

2. Assistant Commissioner of Police, Ashok Nagar Police Station, Ashok Nagar, Chennai.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register the FIR based on the complaint dated 09.06.2020 lodged by the petitioner For Petitioner : Mr.D.Chandrasekar For Respondents: Mr.M.Mohamed Riyaz, Addl. Public Prosecutor

ORDER

This petition has been filed to direct the respondent to register the FIR based on the complaint dated 09.06.2020 lodged by the petitioner.

2.Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor 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 (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 https://hcservices.ecourts.gov.in/hcservices/ Page numbers

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. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar msr To

1. The Inspector of Police, R-3, Ashok Nagar Police Station, Ashok Nagar, Chennai.

2. The Assistant Commissioner of Police, Ashok Nagar Police Station, Ashok Nagar, Chennai.

3. The Public Prosecutor, High Court of Madras, Crl.O.P. No.20735 of 2020 VSN II(CO) CB(01/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers