K.A.Siraghiriraman vs The Commissioner Of Police
2021 Latest Caselaw 9605 Mad

                                                                                     Crl.O.P.No.6939 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.6939 of 2021

                     K.A.Siraghiriraman                                              ... Petitioner

                                                               Versus
                     State rep. by:-
                     1.The Commissioner of Police,
                       Greater Chennai,
                       Chennai.

                     2.The Sub-Inspector of Police,
                       Central Crime Branch,
                       EDF-I, Wing, Team - 2, Vepery,
                       Chennai - 7.                                                  ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to register a FIR
                     on        the     basis   of    the   complaint      dated   24.02.2020         vide
                     CSR.No.1127/CCB/COP/2020 given by the petitioner to the 1st
                     respondent.
                                       For Petitioner      :       Mr.P.G.Santhosh Kumar

                                       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.6939 of 2021


                                                         ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 20.02.2020

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.6939 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, Greater Chennai, Chennai.

2.The Sub-Inspector of Police, Central Crime Branch, EDF-I, Wing, Team - 2, Vepery, Chennai - 7.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6939 of 2021

M.NIRMAL KUMAR, J.

dna

CRL.O.P.No.6939 of 2021

15.04.2021

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