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Madras High CourtCRL OP/21214/2021disposed of

Syed Musthafa v. Special Sub Inspector Of Police

2021-11-18Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.21214 of 2021 Syed Musthafa ... Petitioner

Versus

The Special Sub Inspector of Police, Kuniyamuthur Police Station, Coimbatore City,Coimbatore.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to complete the enquiry and register the FIR on the complaint given by the petitioner dated 18.09.2021 in CSR No.486/2021. For Petitioner :

Mr.S.Venkatesh For Respondent :

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

ORDER

This petition has been filed to direct the respondent to complete the enquiry and register the FIR on the complaint given by the petitioner dated 18.09.2021 in CSR No.486/2021. 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 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. https://hcservices.ecourts.gov.in/hcservices/

4.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar drm/sms To 1.The Special Sub Inspector of Police, Kuniyamuthur Police Station, Coimbatore City,Coimbatore.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Venkatesh, Advocate SR.No.59253 CRL.O.P.No.21214 of 2021 KG(CO) GMY(01/12/2021) https://hcservices.ecourts.gov.in/hcservices/