Rajkumar vs State Rep By
2021 Latest Caselaw 3903 Mad

                                                         1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 16.02.2021

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                             Crl.O.P No.2812 of 2021


                     Rajkumar                                                  Petitioner

                                                        vs.
                     State rep by
                     The Inspector of Police,
                     Sriperumbadur Police Station,
                     Kancheepuram District.                                 Respondent


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent police to
                     register a case based on the complaint given by the petitioner on
                     14.01.2021 to the respondent police.


                                     For Petitioner : Mr.A.Arunkumar
                                     For Respondent : Mr.Mohammed Riyaz
                                                      Additional Public Prosecutor

                                                      ORDER

This petition has been filed to direct the respondent Police

to register a case based on the petitioner complaint dated https://www.mhc.tn.gov.in/judis/

04.01.2021 pending on the file of the 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.

https://www.mhc.tn.gov.in/judis/

This Criminal Original Petition is disposed of accordingly.

                                                                                16.02.2021


                     Index          : Yes/No
                     Internet       : Yes/No
                     rka

https://www.mhc.tn.gov.in/judis/

N. ANAND VENKATESH, J.

rka

To

1. The Inspector of Police, Sriperumbadur Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P No.2812 of 2021

16.02.2021 https://www.mhc.tn.gov.in/judis/