Rev. R.Sathyaraj vs The Commissioner Of Police
2021 Latest Caselaw 2932 Mad

                                                                                  Crl.O.P.No.2050 of 2021

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED 08.02.2021

                                                          CORAM

                          THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.2050 of 2021
                      Rev. R.Sathyaraj                                           .. Petitioner

                                                               Vs.

                      1. The Commissioner of Police,
                      Coimbatore City Police,
                      Coimbatore.

                      2. The Inspector of Police,
                      C-2, Race Course Police Station,
                      Coimbatore City Police,
                      Coimbatore-18.
                                                                          .. Respondents

                      Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                      Procedure Code, to direct the respondent to register the FIR in respect of
                      CSR No.237 of 2020 dated 16.12.2020 on the file of the second respondent
                      and to proceed in accordance with law.
                                         For Petitioner        : Mr.A.Immanuel
                                         For Respondents : Mr.M.Mohamed Riyaz
                                                           Additional Public Prosecutor



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                                                                                    Crl.O.P.No.2050 of 2021



                                                      ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 16.12.2020,

pending on the file of the second 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 petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra.

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4. This Criminal Original Petition is disposed of accordingly.

08.02.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order

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To

1. The Commissioner of Police, Coimbatore City Police, Coimbatore.

2. The Inspector of Police, C-2, Race Course Police Station, Coimbatore City Police, Coimbatore-18.

3. The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J

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Crl.O.P.No.2050 of 2021

08.02.2021

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