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Madras High CourtCRL OP/30952/2022

C.Ranganathan v. The Superintendent Of Police,

2022-12-15Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2022

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN C.Ranganathan ... Petitioner Vs.

1. The Superintendent of Police, District Superintendent Office, Cuddalore District.

2. The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to direct the second respondent to register the FIR and proper investigation based on the complaint dated 13.03.2022 in accordance with law. For Petitioner : Mr.D.Padmanabhan For Respondents : Mr.S.Santhosh Government Advocate(Crl.side) 1/4

O R D E R

This Criminal Original Petition has been filed seeking to direct the second respondent to register the First Information Report based on the petitioner's complaint dated 13.03.2022.

2. Today, when the matter was taken up for hearing, learned Government Advocate (Crl.Side) appearing for the respondents submitted that based on the complaint given by Ranganathan, petitioner herein, on 13.03.2022, the respondent Police have conducted enquiry in C.S.R.No.293 of 2022. After enquiry, the complaint was closed on 16.03.2022 for the reason that the case is civil in nature.

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 2/4

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 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 closed. Petitioner is at liberty to work out his remedy in the manner known to law. 15.12.2022 Internet : Yes / No Index : Yes / No ham To

1. The Superintendent of Police, District Superintendent Office, Cuddalore District.

2. The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

3. The Public Prosecutor, Madras High Court.

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G.CHANDRASEKHARAN,J.

ham 15.12.2022 4/4