The Court held that a petition under Section 482 of Cr.P.C. directing FIR registration is not maintainable post-M.Subramaniam. Petitioner directed to approach trial court under Sections 154(3)/156(3).
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.03.2021
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.5872 of 2021
Baskaran .. Petitioner
Vs. 1. The Superintendent of Police, District Police Head Quarters, Kallakurichi, Kallakurichi District. 2. The Station House Officer, Mungilthuraipet Police Station, Sankarapuram Taluk, Kallakurichi District.
.. Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents to register a case in connection with above said online complaint on 02.02.2021 and online Acknowledgement on 02.02.2021 for an offence under sections 165, 166, 149, 463, 464, 465 & 506(ii).
For Petitioner : Mr.K.Sivakumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 02.02.2021, pending on the file of the respondents Police.
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.
4.This Criminal Original Petition is disposed of accordingly.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
rli
To
1. The Superintendent of Police,
District Police Head Quarters,
Kallakurichi,
Kallakurichi District.
2. The Station House Officer,
Mungilthuraipet Police Station,
Sankarapuram Taluk,
Kallakurichi District.
3. The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.5872 of 2021
GPL(CO)
KM(26/04/2021)
2 issues framed by the court
Whether the High Court can direct police to register an FIR under Section 482 of Cr.P.C. post-Sakiri Vasu.
Whether the petitioner must approach the court for relief under Section 154(3) and 156(3) of Cr.P.C.
Colour shows how this judgement treated each authority
G.Prabhakaran v. The Superintendent of Police, ThanjavurFollowed¶13
G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489
M. Subramaniam v. S. JanakiFollowed¶13
M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464
Baskaran
The Superintendent of Police, District Police Head Quarters, Kallakurichi
The Station House Officer, Mungilthuraipet Police Station
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
