L.Chandrasekar vs The State Rep. By

                                                           1

                                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED   19.05.2021

                                                      CORAM

                                THE HONOURABLE MRS.JUSTICE R.HEMALATHA


                                            Crl.O.P.No.8742 of 2021


                      L.Chandrasekar                                                 ... Petitioner


                                                          Vs.

                      The State rep. by
                      The Inspector of Police,
                      Mathigiri Police Station,
                      Hosur Taluk,
                      Krishnagiri District.                                     ... Respondent




                      PRAYER:     Criminal Original Petition is filed under Section 482 of
                      Criminal Procedure Code, to direct the respondent to register the
                      complaint of the petitioner dated 03.04.2021.


                                  For Petitioner                : Mr.R.Jayaprakash

                                  For Respondent                : Mr.L.Baskaran
                                                                  Counsel for Government
                                                                  (Criminal Side)




http://www.judis.nic.in
                                                           2



                                                        ORDER

This criminal original petition has been filed to direct the respondent to register the complaint of the petitioner dated 03.04.2021.

2. Heard the learned counsel for the petitioner and the learned counsel for Government (Criminal Side) appearing on behalf of respondent Police.

3. This petition is not maintainable, in view of the decision of 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 in M.Subramaniam v. S. Janaki reported in (2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has categorically held that High Courts 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 the alternative remedy provided under Section 154 and Section 156 (3) http://www.judis.nic.in 3 of Cr.P.C. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition stands dismissed.

19.05.2021 Speaking/non-speaking order Index : Yes/No Internet : Yes/No ssr/mkn To

1. The Inspector of Police, Mathigiri Police Station, Hosur Taluk, Krishnagiri District.

2. The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in 4 R.HEMALATHA,J.

ssr/mkn Crl.O.P.No.8742 of 2021 19.05.2021 http://www.judis.nic.in