P.Prabhakaran vs The State Rep.By
2021 Latest Caselaw 11711 Mad

                                                          CRL.O.P.No.10002 of 2021


           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                               DATED : 15.06.2021

                                   CORAM:

                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                            CRL.O.P.No.10002 of 2021

P.Prabhakaran                                                    ... Petitioner
                                   Versus


The State rep.by
The Inspector of Police,
F-2, Egmore Police Station,
Egmore, Chennai-600 008.                                    ... Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the respondent to register the FIR based
on the petitioner's representation on 05.05.2021 vide CSR No.234 of
2021 dt.04.05.2021.



                  For Petitioner   :       Mr.S.Chandranathan

                  For Respondents :        Mr.A.Damodaran
                                           Government Advocate
                                           (Crl.Side)

                                        *****
                                       ORDER

CRL.O.P.No.10002 of 2021

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's representation on 05.05.2021

vide CSR No.234 of 2021 dt.04.05.2021, pending on the file of the

respondent Police.

2.Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl. side) appearing on behalf of the respondent.

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.

CRL.O.P.No.10002 of 2021

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 is disposed of accordingly.

15.06.2021 Index: Yes/No Internet: Yes/No kp

To

1.The Inspector of Police, F-2, Egmore Police Station, Egmore, Chennai-600 008.

2.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

kp

CRL.O.P.No.10002 of 2021

CRL.O.P.No.10002 of 2021

15.06.2021