Dismissed

G.Venkatesan v. the Superintendent of Police

Madras HC18 Mar 2022CRL OP/6094/2022

Case brief

AI extract

What is this about?

The High Court held a petition for FIR registration under Section 482 Cr.P.C. not maintainable, relying on Supreme Court rulings requiring use of Section 154(3) and 156(3) Cr.P.C. The petition was dismissed as withdrawn along with a connected motion.

What did the court decide?

The Criminal Original Petition is dismissed as withdrawn; Crl.M.P.No.3398 of 2022 stands dismissed as withdrawn.

G.Venkatesan Vs the Superintendent of Police — Civil Procedure and Limitation | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.03.2022

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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.6094 of 2022

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and

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Crl.M.P.No.3398 of 2022

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G.Venkatesan ... Petitioner

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Vs.

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1.The Superintendent of Police, Villupuram District.

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2.The Inspector of Police,

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Villupuram Taluk Police Station,

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Villupuram Taluk and District.

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3.The Inspector of Police,

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Villupuram West police Station,

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Villupuram Taluk and District. ... Respondents

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PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to conduct enquiry, register the case and file final report before the appropriate Court.

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For Petitioner : Mr.A.Ramalingam

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For Respondents : Mr.V.Meganathan,

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Government Advocate

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(Criminal side)

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The Criminal Original Petition has been filed seeking for a direction to the respondent to conduct enquiry, register the case and file final report before the appropriate Court.

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

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2. Heard the learned counsel for the petitioner and the learned Government Advocate (criminal side) 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's 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 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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In view of the above, this Criminal Original Petition is disposed of. The learned counsel for the petitioner seeks permission of this Court to withdraw Crl.M.P.No.3398 of 2022 and made endorsement to that effect. In view of the endorsement made by the learned counsel for the Petitioner, Crl.M.P.No.3398 of 2022 stands dismissed as withdrawn.

SD/-

ASSISTANT REGISTRAR

// TRUE COPY //

SUB ASSISTANT REGISTRAR

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shk/sai To

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