LAWS(MAD)-2021-3-542

S.ANANDAN Vs. INSPECTOR OF POLICE

Decided On March 08, 2021
S.ANANDAN Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This Criminal Original Petition has been filed to direct the respondent police to register the FIR based on the petitioner's complaint dt. 4/2/2021.

(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 Sec. 482 of Cr.P.C. The Hon'ble Supreme Court held that the informant has to necessarily avail of the alternative remedy provided under Sec. 154 (3) of Cr.P.C., and Sec. 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.