A Single Judge Bench of the Madras High Court, comprising of Justice M Nirmal Kumar in the case of L.B. Senthil Kumar v. The State has observed that the Court has no jurisdiction under Section 482 of Cr.P.C. to direct the Police to register an FIR. The Court also granted liberty to the petitioner to avail alternative remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C.
Background of the Case
In this case, the Petitioner named L.B. Senthil Kumar wanted to register an FIR which was delayed without any reasonable reason. The Petitioner approached the Court to lodge his complaint.
Therefore, the Petitioner filed a Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent, the Inspector of Police, V 7, Nolambur Police Station, to register a case on the basis of the petitioner's complaint dated 10.02.2021 and to proceed to investigate the same in accordance with the law.
Reasoning and Decision of the Court
The Court held that the petition was not maintainable. The Court placed reliance upon the order passed by the Division Bench of Madras High Court in G. Prabhakaran v. The Superintendent of Police, Thanjavur (2018).
The Court also took note of the order passed by the three judges Bench of Supreme Court in M. Subramaniam v. S. Janaki (2020), after relying upon Sakiri Vasu Case that:
“the High Court cannot issue any direction for registration of FIR in exercise of its jurisdiction under Section 482 of CrPC.”
The Apex Court also asserted 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. The Court disposed of the Criminal Original Petition without imposing any cost on it and Liberty was given to the petitioner to work out his remedy as per the directions issued by the Division Bench in the order.
Case Details
Case: - CRL.O.P.No.8002 of 2021
Petitioner: L.B.Senthil Kumar
Respondent: The State Represented by The Inspector of Police
Counsel for the Petitioner: Mr.N.S.Thanu Madhan
Counsel for the Respondent: Mr.M.Mohammed Riyaz
Judge: Justice M Nirmal Kumar
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