The High Court held that a criminal original petition under Section 482 Cr.P.C. is not maintainable for directing registration of a complaint and filing an FIR, following Supreme Court precedent requiring recourse to Section 154(3) and 156(3) Cr.P.C.
Petition dismissed; petitioner directed to avail alternative remedies under Section 154(3) and 156(3) Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.02.2021
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
CRL.O.P.NO.1522 OF 2021
R.Moulaswamy ..Petitioner
Vs.
State Rep. by The Inspector of Police, Bagalur Police Station, Krishnagiri District. ..Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to register the petitioner-s complaint dated 07.06.2019 and file a FIR and may pass such other or further orders.
For Petitioner: Mr.R.Jayaprakash For Respondent: Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
This petition has been filed to direct the respondent to register the petitioner's complaint dated 07.06.2019 and file a FIR.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra.
This Criminal Original Petition is disposed of accordingly.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
ssr
To
1. The Inspector of Police,
Bagalur Police Station,
Krishnagiri District.
2. The Public Prosecutor,
High Court, Madras.
+1 CC to Mr.R.Jayaprakash, Advocate sr 5406.
Crl.O.P.No.1522 of 2021
VSNII(CO)
SP(03/03/2021)
1 issue framed by the court
Whether a criminal original petition under Section 482 Cr.P.C. is maintainable for a direction to register a complaint and file an FIR.
Colour shows how this judgement treated each authority
G.Prabhakaran v. The Superintendent of Police, ThanjavurReferred¶14
(2018) 2 LW Crl 489
M. Subramaniam v. S. JanakiApplied¶14
(2020) 5 CTC 464
Sakiri Vasu CaseReferred¶14
Sakiri Vasu Case
3 provisions across 1 enactments
R.Moulaswamy
State Rep. by The Inspector of Police, Bagalur Police Station, Krishnagiri District
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
N. Anand Venkatesh
Parties & counsel
