B.Lakshimipathi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.30031 of 2022 R.Lakshmipathi ... Petitioner Vs.

1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2.The Inspector of Police, B-3 Taluk Police Station, Kancheepuram District.

3.M/S.Colour Home Developers Limited, No.23/19, 7th Street, W-Block Anna Nagar, Chennai 600 040.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 & 2 to register the petitioner's complaint dated 03.04.2021 against the third respondent in an FIR and initiate investigation. 1/4

For Petitioner : Ms.Kavitha Nithayanandan For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 & 2 to register the FIR based on the complaint of the petitioner dated 03.04.2021 against the third respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondents and perused the materials available on record.

3. The Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489 and 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's 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 2/4

informant has to necessarily avail the alternative remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C.

4. In view of the above, this Criminal Original Petition stands dismissed. However, liberty is given to the petitioner to workout his remedy in the manner known to law.

06.12.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order shk To:

1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2.The Inspector of Police, B-3 Taluk Police Station, Kancheepuram District.

3.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

shk Crl.O.P. No.30031 of 2022 06.12.2022 4/4