Dismissed

Devi v. State Rep by

Madras HC8 Oct 2021CRL OP/18369/2021

Case brief

AI extract

What is this about?

The Single Judge of the Madras High Court dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. The court held the petition not maintainable, reiterating recent Supreme Court authority that High Courts cannot direct FIR registration under Section 482, directing parties to utilize remedies under Sections 154(3) and 156(3) Cr.P.C.

What did the court decide?

The Criminal Original Petition is dismissed; liberty granted to work out remedy via Magistrate under Sections 154(3) and 156(3) Cr.P.C.

Devi Vs State Rep by — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.10.2021 CORAM: THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18369 of 2021

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Devi. 2. Saravanan. ... Petitioners

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Versus The State rep by, The Inspector of Police, Kadaladi Police Station, Kalasapakkam Taluk, Tiruvannamalai District. ... Respondent

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register a case based on the complaint dated 01.08.2021 in accordance with law.

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For Petitioner : Mr.S.Sivakumar For Respondents: Mr.R.Vinoth Raja, Government Advocate (crl.side) *****

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ORDER

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This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 01.08.2021.

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2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) appearing on behalf of the respondent.

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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 https://hcservices.ecourts.gov.in/hcservices/ by the Division Bench in the order referred supra.

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4.This Criminal Original Petition is disposed of accordingly.

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Sd/Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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mpl To

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The Inspector of Police, Kadaladi Police Station, Kalasapakkam Taluk, Tiruvannamalai District.