Dr.R.Vijayakumar vs The State Of Tamil Nadu on 7 June, 2022

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Madras High Court

Dr.R.Vijayakumar vs The State Of Tamil Nadu on 7 June, 2022

Bench: N.Sathish Kumar

                                                                            Crl.P.No.10481 of 2022



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 07.06.2022

                                                      CORAM

                            THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                           Crl.O.P.No.10481 of 2022

                Dr.R.Vijayakumar                                            ... Petitioner

                                                       Vs.


                The State of Tamil Nadu,
                Represented by the Inspector of Police,
                R-5 Virugambakkam Police Station,
                Abbusali Street, Saligramam,
                Chennai 600 093.                                            ... Respondent

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,

                to direct the respondent police to register a FIR and commence the investigation

                in Crime No.167 of 2022 dated 19.04.2022 pending before the respondent

                police.



                                     For Petitioner    : Mr.B.Vasanthan


                                     For Respondent : Mr.A.Gokulakrishnan,
                                                       Additional Public Prosecutor.



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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.P.No.10481 of 2022

                                                          ORDER

This Criminal Original Petition has been filed seeking for a direction the respondent police to register a FIR and commence the investigation in Crime No.167 of 2022 dated 19.04.2022 pending before the respondent police.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the materials available on record.

3. 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 2/4 https://www.mhc.tn.gov.in/judis Crl.P.No.10481 of 2022 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.

4. This Criminal Original Petition is dismisssed accordingly.

07.06.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order shk/rgi To

1.The Inspector of Police, R-5 Virugambakkam Police Station, Abbusali Street, Saligramam, Chennai 600 093.

2. The Public Prosecutor, High Court of Madras.

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https://www.mhc.tn.gov.in/judis Crl.P.No.10481 of 2022 N.SATHISH KUMAR,J.

shk/rgi Crl.O.P.No.10481 of 2022 07.06.2022 4/4 https://www.mhc.tn.gov.in/judis

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