M/S.Biggled & Led'S World Ltd vs The Inspector Of Police (Crime)

Madras High Court

M/S.Biggled & Led'S World Ltd vs The Inspector Of Police (Crime) on 9 March, 2022

                                                                                  Crl.OP.No.5376 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                      DATED: 09.03.2022
                                                           CORAM
                        THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
                                                    Crl.O.P.No.5376 of 2022

               M/S.Biggled & Led's World Ltd.,
               Represented by its Manager Prathick Chand,
               No.11/1, Appa Kannu Street,
               Royapettah,
               Chennai 600 014.                                               ... Petitioner

                                                             Vs.

               The Inspector of Police (Crime)
               D-3 Ice House Police Station,
               Chennai.
               (CSR No.183 of 2020)                                           ...Respondent

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

               direct the respondent police to register the F.I.R. based on the petitioner's

               complaint dated 19.08.2020 vide C.S.R.No.183 of 2020.



                                   For Petitioner     : Mr.S.Elumalai
                                   For Respondents : Mr.V.Meganathan
                                                     Government Advocate (Crl. Side)


                                                          ORDER

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https://www.mhc.tn.gov.in/judis Crl.OP.No.5376 of 2022 This Criminal Original Petition has been filed seeking for a direction to the respondent police to register the F.I.R. based on the petitioner's complaint dated 19.08.2020 vide C.S.R.No.183 of 2020.

2. Heard the both sides 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 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.

4. This Criminal Original Petition is disposed of accordingly.

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https://www.mhc.tn.gov.in/judis Crl.OP.No.5376 of 2022 09.03.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order shk/sai To

1.The Inspector of Police (crime) D-3 Ice House Police Station, Chennai.

(CSR No.183 of 2020)

2.The Public Prosecutor, High Court of Madras.

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https://www.mhc.tn.gov.in/judis Crl.OP.No.5376 of 2022 A.D.JAGADISH CHANDIRA,J.

shk Crl.O.P.No.5376 of 2022 09.03.2022 4/4 https://www.mhc.tn.gov.in/judis