Muthuvel vs State Rep.By
2021 Latest Caselaw 10125 Mad

                                                                                    Crl.OP.No.7386 of 2021


                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 20.04.2021

                                                          CORAM:

                                       THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                    Crl.OP.No.7386 of 2021

                      Muthuvel                                                      ... Petitioner

                                                          Versus

                      State rep.by
                      Joint Commissioner of Police,
                      Central Crime Branch (CCB),
                      Office of the Commissioner of Police,
                      Greater Chennai,
                      Vepery,
                      Chennai-600 007.                                              ...
                      Respondent

                      PRAYER: Criminal Original Petition filed under Section 482 of the Code
                      of Criminal Procedure, to direct the respondent police to register the case
                      on the basis of the complaint given by the petitioner dated 04.02.2020
                      against the above said person named in the complaint and investigate into
                      the matter and submit a report into the Court.

                                        For Petitioners            :   Mr.Hasan Mohamed Jinnah

                                        For Respondent          :      Mr.C.Raghavan,
                                                                       Government Advocate




                      Page No.1 of 4


http://www.judis.nic.in
                                                                                    Crl.OP.No.7386 of 2021




                                                         ORDER

This petition has been filed to direct the respondent police to

register the case on the basis of the complaint given by the petitioner

dated 04.02.2020 against the above said person named in the complaint

and investigate into the matter and submit a report into the Court.

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

http://www.judis.nic.in Crl.OP.No.7386 of 2021

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.

20.04.2021 mbi

Index: Yes/No Internet: Yes Speaking/Non-Speaking Order

http://www.judis.nic.in Crl.OP.No.7386 of 2021

M.NIRMAL KUMAR, J.

mbi

To

1.Joint Commissioner of Police, Central Crime Branch (CCB), Office of the Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2.The Public Prosecutor, Madras High Court, Chennai.

Crl.OP.No.7386 of 2021

20.04.2021

http://www.judis.nic.in