Dismissed

Bhakthavatchalam v. Inspector of Police

Madras HC10 Nov 2021CRL OP/20579/2021

Case brief

AI extract

What is this about?

Petitioner sought directions under Section 482 Cr.P.C. to register a case and file an FIR. Court held petition unmaintainable relying on Division Bench report and Supreme Court rulings stating High Court cannot direct FIR registration under Section 482, directing petitioner to use remedies under Sections 154 and 156 Cr.P.C.

What did the court decide?

Petition dismissed as not maintainable; liberty granted to approach appropriate authority for remedies under Sections 154 and 156 Cr.P.C.

Bhakthavatchalam Vs Inspector of Police — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.11.2021 CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.20579 of 2021

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Bhakthavatchalam ... Petitioner/Defacto Complainant

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Versus

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The Inspector of Police Natrampalli Police Station Thirupathur District. (CSR.No.680 of 2021) ... Respondent/Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue suitable direction to the respondent police herein viz., the Inspector of Police, Natrampalli Police Station, Thirupathur District to register the case on the petitioner's complaint dated 24.10.2021 and file a final report in accordance with law.

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For Petitioner : Mr.S.Sasikumar For Respondent : Mr.A.Damodaran Additional Public Prosecutor

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ORDER

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This petition has been filed to to issue suitable direction to the respondent police herein viz., the Inspector of Police, Natrampalli Police Station, Thirupathur District to register the case on the petitioner's complaint dated 24.10.2021 and file a final report in accordance with law.

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Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor on behalf of the respondent.

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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. https://hcservices.ecourts.gov.in/hcservices/ Liberty is given to the petitioner to workout his remedy as

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per the directions issued by the Division Bench in the order referred supra.

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