Madras High CourtCRL OP/24532/2021disposed of

Sulthan Alikhan v. The District Superintendent Of Police,

2022-03-23Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.24532 of 2021 Sulthan Alikhan ... Petitioner Vs.

1. The District Superintendent of Police, Villupuram District, Villuppuram.

2. The Inspector of Police Thiruvennainallur Police Station, Villupuram District.

... Respondents PRAYER: The Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to direct the respondents to register the FIR based on the petitioner's complaint on 01.12.2021 and 07.12.2021.

For Petitioner :

Mr.M.Mohamed Riyas For Respondents :

Mr.V.Meghanathan Govt. Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed to direct the respondents to register the FIR based on the petitioner's complaint on 01.12.2021 and 07.12.2021.

2. Heard the learned counsels and perused the materials available on record.

3. This petition is not maintainable, in view of the Order passed by a Hon'ble 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 https://hcservices.ecourts.gov.in/hcservices/

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 Hon'ble Division Bench in the order referred supra.

4. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar nr/nti To

1. The District Superintendent of Police, Villupuram District, Villuppuram.

2. The Inspector of Police Thiruvennainallur Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.24532 of 2021 GPL (CO) PR (04/04/2022) https://hcservices.ecourts.gov.in/hcservices/