S.Premkumar vs State Rep. By
2021 Latest Caselaw 21056 Mad

                                                       CRL.O.P.No.18992 of 2021


         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                              DATED : 21.10.2021

                                  CORAM:

           THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                          CRL.O.P.No.18992 of 2021

S.Premkumar                                              ... Petitioner

                                    Versus

State rep. by
The Inspector of Police,
Central Crime Branch,
Salem,
Salem District.                                          ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the respondent to register a case on
the basis of the petitioner complaint dated 30.05.2021 and to investigate
the same in accordance with law.


                 For Petitioner   : Mr.G.Punniakoti

                 For Respondent   : Mr.R.Vinoth Raja
                                    Government Advocate (Crl.Side)

                                   *****


Page No.1 of 4
                                                             CRL.O.P.No.18992 of 2021


                                   ORDER

This petition has been filed to direct the respondent police to

register an FIR in CSR No.219/2021 pursuant to the complaint dated

12.04.2021..

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

CRL.O.P.No.18992 of 2021

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.

4.This Criminal Original Petition is disposed of accordingly.

                                                                   21.10.2021

Index            : Yes/No
Internet         : Yes/No
ah

To

1.The Inspector of Police,
  Central Crime Branch,
  Salem,
  Salem District.

2.The Public Prosecutor
  High Court, Madras.





                         CRL.O.P.No.18992 of 2021


                  M.NIRMAL KUMAR, J.

                                             ah




                 CRL.O.P.No.18992 of 2021




                                  21.10.2021