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Madras High CourtCRL OP/26257/2022disposed of

S.Mohamed Jinna v. The State Rep By

2023-07-04Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 04.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.MOHAMED JINNA ... Petitioner Vs.

THE STATE REP BY THE ASSISTANCT COMMISSIONER OF POLICE F-2 POLICE STATION EGMORE HIGH ROAD EGMORE, CHENNAI 600008 INSPECTOR OF POLICE F-2 POLICE STATION EGMORE HIGH ROAD CHENNAI 600008.

... Respondents This Criminal Original Petition is filed under Section 482 Cr.P.C. to direct the 2nd respondent to Register the FIR based on the petitioner's complaint dated 23.08.2019.

For Petitioner : Mr.Kavitha Deenadayalan For Respondents : Mr.A.Damodaran 1/5

Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent Police to register a case based on the petitioner's complaint dated 23.08.2019 pending on the file of the 2nd respondent Police. 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., and Section 156 (3) of Cr.P.C. Liberty is given to the 2/5

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. 04.07.2023 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To THE STATE REP BY THE ASSISTANCT COMMISSIONER OF POLICE F-2 POLICE STATION EGMORE HIGH ROAD EGMORE, CHENNAI 600008 INSPECTOR OF POLICE F-2 POLICE STATION EGMORE HIGH ROAD CHENNAI 600008.

3.

The Public Prosecutor, Madras High Court, Chennai.

3/5

N.ANAND VENKATESH,J.

rka Crl.O.P.No.26257 of 4/5

04.07.2023 5/5