Madras High Court
P.Narayanan vs The Deputy Commissioner Of Police on 28 April, 2021
CRL.O.P.No.8025 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.8025 of 2021
P.Narayanan ... Petitioner
Versus
1.The Deputy Commissioner of Police,
Cyber Cell,
Officer of the Commissioner of Police,
Vepery,
Chennai-600 007.
2.The Deputy Superintendent of Police,
Ambattur circle,
Ambattur,
Avadi,
Chennai 600054.
3.The Inspector of Police,
Cyber Cell,
Officer of the Commissioner of Police,
Vepery,
Chennai-600 007.
4.The Inspector of Police,
D6 Avadi Police Station,
Avadi,
Chennai 600054. ... Respondents
Page No.1 of 4
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.8025 of 2021
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, directing the first respondent to register the case
against the accused in the complaint dated given by the petitioner on
03.10.2020 and the complaint given to the superior on 13.10.2020 and to
investigate into the matter in accordance with law and to file a final
report before the competent court of law.
For Petitioner : Mr.S.M.Nandhie Devhan
For Respondents : Mr.M.Mohammed Riyaz,
Additional Public Prosecutor
*****
ORDER
This petition has been filed to direct the first respondent to register
the case against the accused on the complaint given by the petitioner on
03.10.2020 and the complaint given to the superior on 13.10.2020 and to
investigate the matter in accordance with law and to file a final report
before the competent Court.
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing on behalf of the respondent.
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
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.8025 of 2021
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.
28.04.2021
Index: Yes/No
Internet: Yes/No
vv2
M.NIRMAL KUMAR, J.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.8025 of 2021
vv2
To
1.The Deputy Commissioner of Police,
Cyber Cell,
Officer of the Commissioner of Police,
Vepery,
Chennai-600 007.
2.The Deputy Superintendent of Police,
Ambattur circle,
Ambattur,
Avadi,
Chennai 600054.
CRL.O.P.No.8025 of 2021
3.The Inspector of Police,
Cyber Cell,
Officer of the Commissioner of Police,
Vepery,
Chennai-600 007.
4.The Inspector of Police,
D6 Avadi Police Station,
Avadi,
Chennai 600054.
5.The Public Prosecutor,
High Court, Madras.
28.04.2021
https://www.mhc.tn.gov.in/judis/
