S.T.C.Mohana Krishna v. Inspector 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.30107 of 2022 S.T.C.Mohana Krishna, 32 years S/o. Surya Hanumanth Rep. by its Legal Manager M/S Shriram General Insurance Co. Ltd., No.5, Ramachandran Street, Saravanan Nagar, Seevaram, Perungudi.

Chennai 600 096.

... Petitioner Vs.

The Inspector of Police, Vanur Police Station, Villupuram District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to register the petitioner's complaint sent on 20.11.2019 and file a FIR and investigate the same in accordance with law. 1/4

For Petitioner : Mr.S.Dhakshnamoorthy For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent police to register the FIR based on the petitioner's complaint dated 20.11.2019.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent 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 Inspector of Police, Vanur Police Station, Villupuram District.

2.The Public Prosecutor, High Court of Madras.

3/4

G.CHANDRASEKHARAN, J.

shk Crl.O.P. No.30107 of 2022 06.12.2022 4/4