Madras High CourtCRL OP/21421/2021disposed of

S.Thandayuthabani v. The State Rep By

2021-11-22Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR S. Thandayuthabani ... Petitioner

Versus

1. The State Represented by The Inspector of Police, Kodacherry Police Station, Thiruvarur District, Tamil Nadu.

2. The District Superintendent of Police, The District Superintendent of Police Office, Thiruvarur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register F.I.R in pursuant to the CSR registered in No.168/2021 and to investigate the case expeditiously and to take further action in accordance with law. For Petitioner :

Mr.S. Thiruvengadam For Respondents :

Mr.R.Vinothraja Government Advocate(crl.side) Page No.1 of 4

O R D E R

This petition has been filed seeking direction to the respondent police to register F.I.R in pursuant to the CSR registered in No.168/2021 and to investigate the case expeditiously and to take further action in accordance with law.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) 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 Page No.2 of 4

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. 19.11.2021 Index: Yes/No Internet: Yes/No arr/shk To

1. The State Represented by The Inspector of Police, Kodacherry Police Station, Thiruvarur District, Tamil Nadu.

2. The District Superintendent of Police, The District Superintendent of Police Office, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

Page No.3 of 4

M.NIRMAL KUMAR, J.

arr/shk CRL.O.P.No.21421 of 2021 19.11.2021 Page No.4 of 4