S.Kayalvizhi vs The Commissioner Of Police
2021 Latest Caselaw 9842 Mad

                                                                                     Crl.OP.No.7126 of 2021


                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 17.04.2021

                                                          CORAM:

                                       THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                    Crl.OP.No.7126 of 2021

                      S.Kayalvizhi                                                   ... Petitioner

                                                          Versus

                      1.The Commissioner of Police,
                        Commissioner of Chennai,
                        Commissioner Office, Vepery, Chennai-9.

                      2.The Superintendent of Police,
                        Thiruvallur District, Thiruvallur-602 001.

                      3.The Inspector of Police,
                        M-4, Police Station, Redhills,
                        Chennai-52.                                               ... Respondents

                      PRAYER: Criminal Original Petition filed under Section 482 of the Code
                      of Criminal Procedure, to direct the third respondent to register the case
                      of the petitioner complaint dated 10.03.2021 against R.K.Venkatachalam,
                      V.Kumar, K.Vijaya Lakshmi, S.Ezhilarasan and E.Sheela and file a FIR.

                                        For Petitioners   :     Mr.V.Nandagopalan

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



                      Page No.1 of 4


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                                                                                       Crl.OP.No.7126 of 2021


                                                          ORDER

This petition has been filed to direct the third respondent to register

the case of the petitioner complaint dated 10.03.2021 against

R.K.Venkatachalam, V.Kumar, K.Vijaya Lakshmi, S.Ezhilarasan and

E.Sheela and file a FIR.

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

http://www.judis.nic.in Crl.OP.No.7126 of 2021

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.

17.04.2021 mbi

Index: Yes/No Internet: Yes Speaking/Non-Speaking Order

http://www.judis.nic.in Crl.OP.No.7126 of 2021

M.NIRMAL KUMAR, J.

mbi

To

1.The Commissioner of Police, Commissioner of Chennai, Commissioner Office, Vepery, Chennai-9.

2.The Superintendent of Police, Thiruvallur District, Thiruvallur-602 001.

3.The Inspector of Police, M-4, Police Station, Redhills, Chennai-52.

4.The Public Prosecutor, Madras High Court, Chennai.

Crl.OP.No.7126 of 2021

17.04.2021

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