Dismissed

M.Jayavel v. the District Superintendent of Police

Madras HC17 Nov 2021CRL OP/21123/2021

Case brief

AI extract

What is this about?

The Criminal Original Petition under Section 482 Cr.P.C. seeking direction to register an FIR and file a case was disposed of. The Court held the petition was not maintainable since the Supreme Court in M. Subramaniam v. S. Janaki barred High Court intervention in FIR registration, directing petitioners to use Section 154(3) or 156(3) Cr.P.C. remedies.

What did the court decide?

The Criminal Original Petition filed under Section 482 Cr.P.C. was disposed of as not maintainable.

M.Jayavel Vs the District Superintendent of Police — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.21123 of 2021

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M. Jayavel ... Petitioner

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Vs.

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1. The District Superintendent of Police, Dharmapuri District, Dharmapuri.

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2. The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri, Dharmapuri District. ... Respondents

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PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register the case based on the petitioner's complaint dated 29.08.2021 in CSR No. 358 of 2021 and to file a FIR.

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For Petitioner : Mr.M.Selvam For Respondents : Mr.R.Vinothraja Government Advocate [Crl. Side]

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ORDER

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This Criminal Original Petition has been filed to direct the respondent to register the case based on the petitioner's complaint dated 29.08.2021 in CSR No. 358 of 2021 and to file a FIR.

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Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.

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This petition is not maintainable, in view of the Order passed by the 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

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https://hcservices.ecourts.gov.in/hcservices/

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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.

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