Madras High CourtCRL OP/20784/2020disposed of

E.Vasantha v. The Inspector Of Police,

2021-01-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.01.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.20784 of 2020 E.Vasantha .. Petitioner Vs.

The Inspector of Police, Anti Vice Squad, (AVS-I) No.5, Laypoint, Chindaripet, Chennai.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue direction, directing the respondent to register the First Information report on the petitioner complaint dated 16.12.2020 pending on his file. For Petitioner : Mr.T.V.G.Kartheeban For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to register the First Information report on the petitioner complaint dated 16.12.2020 pending on his file. 2.Heard the learned counsel for the petitioner and the learned Additional 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 Cr.P.C., https://hcservices.ecourts.gov.in/hcservices/

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// ssr Sub Assistant Registrar To

1. The Inspector of Police, Anti Vice Squad, (AVS-I) No.5, Laypoint, Chindaripet, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.V.G.Kartheeban, Advocate, S.R.No.229 Crl.O.P.No.20784 of 2020 nmi(CO) rv(29/01/2021) https://hcservices.ecourts.gov.in/hcservices/