M.Kanagavalli vs The Commissioner Of Police
2021 Latest Caselaw 9204 Mad

                                                           CRL.O.P.No.6539 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.6539 of 2021

M.Kanagavalli                                               ... Petitioner
                                  Versus
1.The Commissioner of Police,
  Greater Chennai Police,
  No.132, Commissioner Officer Building,
  EVK Sampath Road,
  Vepery, Chennai-600 007.

2.The Inspector of Police,
  D-4, Jam Bazaar Police Station,
  156, Bharathi Salai,
  Royapettah,
  Chennai-600 014.                                          ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to issue suitable direction to the 2nd respondent
herein viz., The Inspector of Police, D-4, Jam Bazaar Police Station,
No.156, Bharathi Salai, Royapettah, Chennai-600 014, register the
complaint of the petitioner dated 06.01.2021 by conducti9ng proper
enquiry in accordance with law.

                  For Petitioner  :       Mr.T.Parthiban
                  For Respondents :       Mr.M.Mohammed Riyaz,
                                          Additional Public Prosecutor
                                      *****

Page No.1 of 4
                                                          CRL.O.P.No.6539 of 2021


                                 ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 06.01.2021

pending on the file of the 2nd 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

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

CRL.O.P.No.6539 of 2021

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 Police, No.132, Commissioner Officer Building, EVK Sampath Road, Vepery, Chennai-600 007.

2.The Inspector of Police, D-4, Jam Bazaar Police Station, 156, Bharathi Salai, Royapettah, Chennai-600 014.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.6539 of 2021

M.NIRMAL KUMAR, J.

vv2

CRL.O.P.No.6539 of 2021

07.04.2021