Dismissed

M.B.Abdul Vathooth v. Inspector of Police

Madras HC16 Mar 2022CRL OP/1362/2022

Case brief

AI extract

What is this about?

Criminal Original Petitioner sought direction to register an FIR under Section 482 Cr.P.C. The Court held the petition maintainable, relying on Supreme Court precedents, and ordered the petitioner to pursue alternative remedies under Sections 154(3) and 156(3) Cr.P.C.

What did the court decide?

Petitioner directed to avail alternative remedies under Section 154(3) and 156(3) Cr.P.C.; Petition dismissed.

M.B.Abdul Vathooth Vs Inspector of Police — Criminal Trial and Appeal | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.03.2022

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CORAM :

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THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.1362 of 2022

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M.B.Abdul Vathooth ... Petitioner

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Vs.

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The Inspector of Police, F-2 Police Station, Egmore, Chennai 8. ... Respondent

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PRAYER: The Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, pleased to direct the respondent to register the FIR on the petitioner's complaint dated 16.11.2020 in C.S.R.No.578 of 2020.

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For Petitioner:Ms.N.Premalatha

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For Respondent:Mr.V.Meghanathan

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Government Advocate (Crl. Side)

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The Criminal Original Petition has been filed to direct the respondent to register the First Information Report based on the petitioner's complaint dated 16.11.2020 in C.S.R.No.578 of 2020. 2. Heard the learned counsel and perused the materials available on record.

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This petition is not maintainable, in view of the Order passed by a Hon'ble 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

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

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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 Hon'ble Division Bench in the order referred supra.

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4.This Criminal Original Petition is disposed of accordingly.

SD/-

ASSISTANT REGISTRAR

// TRUE COPY //

SUB ASSISTANT REGISTRAR

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