M.A.Ravivarma vs The Commissioner Of Police
2021 Latest Caselaw 9200 Mad

                                                        CRL.O.P.No.6435 of 2021


           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                            DATED : 07.04.2021

                                 CORAM:

                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                          CRL.O.P.No.6435 of 2021

M.A.Ravivarma                                            ... Petitioner
                                 Versus
1.The Commissioner of Police,
  Greater Chennai,
  Vepery Chennai 600 007.

2.The Deputy Commissioner of Police,
  St Thomus Mount,
  Chennai 600 016.

3.The Assistant Commissioner of Police,
  Madipakkam Chennai 600 117.

4.The Inspector of Police,
  S7, Police Station,
  Madipakkam, Chennai-600 117.                           ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the 4th respondent to register the FIR on
the petitioner complaint dated 13.02.2021 and on the file of 4th
respondent.




Page No.1 of 4
                                                          CRL.O.P.No.6435 of 2021




                 For Petitioner   :     Mr.R.Lingeswaran

                 For Respondents :      Mr.M.Mohammed Riyaz,
                                        Additional Public Prosecutor

                                   *****
                                 ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 13.02.2021

pending on the file of the 4th respondent Police.

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

CRL.O.P.No.6435 of 2021

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.

07.04.2021 Index: Yes/No Internet: Yes/No

vv2

To

1.The Commissioner of Police, Greater Chennai, Vepery Chennai 600 007.

2.The Deputy Commissioner of Police, St Thomus Mount, Chennai 600 016.

M.NIRMAL KUMAR, J.

CRL.O.P.No.6435 of 2021

vv2

3.The Assistant Commissioner of Police, Madipakkam Chennai 600 117.

4.The Inspector of Police, S7, Police Station, Madipakkam, Chennai-600 117.

5.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.6435 of 2021

07.04.2021