A.Venkatesan vs The Commissioner Of Police
2021 Latest Caselaw 9602 Mad

                                                                                   Crl.O.P.No.6961 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 15.04.2021

                                                        CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                  Crl.O.P.No.6961 of 2021

                     A.Venkatesan                                           ... Petitioner

                                                            Versus

                     1.The Commissioner of Police,
                       E.V.P.Sampath Salai,
                       Vepery, Chennai - 600 007.

                     2.The State Rep. by
                       Inspector of Police,
                       S-15, Selaiyur Police Station,
                       Chennai - 600 059.                                   ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent Inspector of
                     Police to register the First Information Report based on the complaint
                     dated 24.02.2021.
                                       For Petitioner   :       Mrs.S.Ramadevi

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

                                                            *****

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.6961 of 2021


                                                         ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 24.02.2021

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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6961 of 2021

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.

15.04.2021 Index: Yes/No Internet: Yes/No

dna

To

1.The Commissioner of Police, E.V.P.Sampath Salai, Vepery, Chennai - 600 007.

2.The State Rep. by Inspector of Police, S-15, Selaiyur Police Station, Chennai - 600 059.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6961 of 2021

M.NIRMAL KUMAR, J.

dna

CRL.O.P.No.6961 of 2021

15.04.2021

https://www.mhc.tn.gov.in/judis/