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M.ravi v. District Superintendent Of Police And Ors

M.ravi v. District Superintendent Of Police And Ors

(High Court Of Judicature At Madras)

Crl.O.P No.18164 of 2020 | 05-01-2021

1. This Criminal Original Petition has been filed to direct the 2 nd respondent to conduct further investigation on the basis of the complaint lodged by the petitioner dated 01.10.2020.

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.

Advocate List
  • Mr.C.K.Sekar

  • Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

Bench
  • HON'BLE MR. JUSTICE N. ANAND VENKATESH
Eq Citations
  • LQ
  • LQ/MadHC/2021/17670
Head Note

Evidence Act, 1872 — Ss. 154 and 156 — FIR — Non-registration — Interference by High Court — Held, High Court cannot issue any direction for registration of FIR in exercise of its jurisdiction under S. 482 Cr.P.C. Informant has to necessarily avail of the alternative remedy provided under Ss. 154(3) and 156(3) Cr.P.C.