Madras High CourtCRL OP/21110/2020disposed of

Selva Kumaraswamy 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.21110 of 2020 Selva Kumaraswamy .. Petitioner .vs.

The Inspector of Police, T 14, Mangadu Police Station, Plot No.2, Mangadu, Chennai - 600 122.

..Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register a case based upon the petitioner's complaint dated 02/11/2020 bearing CSR No.1575 of 2020.

For Petitioner : Mr.M.Madhu Prakash For Respondent : Mr.M.Mohamed Riyaz, (Crl.Side) Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent to register a case based upon the petitioner's complaint dated 02/11/2020 bearing CSR No.1575 of 2020.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 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.

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This Criminal Original Petition is disposed of accordingly. -s/dAssistant Registrar True Copy Sub-Assistant Registrar ssr To

1. The Inspector of Police, T 14, Mangadu Police Station, Plot No.2, Mangadu, Chennai - 600 122.

2.The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P. No.21110 of 2020 RSV(CO) KP(12/02/2021) https://hcservices.ecourts.gov.in/hcservices/