This court held that a Criminal Original Petition under Section 482 Cr.P.C. seeking direction to register an FIR is not maintainable. The petitioner was directed to avail alternative remedies under Sections 154(3) and 156(3) of Cr.P.C.
Petitioner directed to approach appropriate authority under Section 154(3) or 156(3) Cr.P.C. for FIR registration.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.6840 of 2021
Velayutham
... Petitioner
Versus
1.The Commissioner of Police, E.V.P.Sampath Salai, Vepery, Chennai -600 007. 2.The State represented by The Inspector of Police, S-7, Madipakkam Police Station, Chennai - 600 091. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent Inspector of Police to register the First Information Report based on the complaint dated 29.01.2019.
For Petitioner : Mrs.S.Ramadevi For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor ORDER
This petition has been filed to direct the respondent Police to register a case based on the petitioner complaint dated 29.01.2019 pending on the file of the 2nd respondent Police.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.
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.
4.This Criminal Original Petition is disposed of accordingly. Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
dna
To
1.The Commissioner of Police,
E.V.P.Sampath Salai,
Vepery, Chennai -600 007.
2.The Inspector of Police,
S-7, Madipakkam Police Station,
Chennai - 600 091.
3.The Public Prosecutor,
High Court, Madras.
+cc to M/s.TriLaw Office,Advocate, Sr.No.22297
CRL.O.P.No.6840 of 2021
PMK(CO)
baf 05/05/2021
2 issues framed by the court
Whether a Criminal Original Petition filed under Section 482 of Cr.P.C. to direct registration of FIR is maintainable.
Whether the High Court can issue direction for registration of FIR under Section 482 of Cr.P.C. despite Supreme Court guidelines.
Colour shows how this judgement treated each authority
G. Prabhakaran v. The Superintendent of Police, ThanjavurDistinguished¶12
G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489
M. Subramaniam v. S. JanakiRelied on¶12
M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464
3 provisions across 1 enactments
Velayutham
Commissioner of Police
State represented by The Inspector of Police
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
