A.Mohammed Ismail vs The Commissioner Of Police
2021 Latest Caselaw 2127 Mad

                                                                            Crl.O.P.No.19880 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED 01.02.2021

                                                      CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                              Crl.O.P.No.19880 of 2020


                     A.Mohammed Ismail                                              .. Petitioner

                                                            Vs.

                     State rep. by
                     1. The Commissioner of Police,
                        No.132, Commissioner Office Building,
                        EVK Sampath Road, Vepery, Chennai – 07.

                     2. The Inspector of Police, (Law & Order)
                        S-10, Pallikaranai Police Station,
                        Pallikaranai, Chennai – 600 064.                         .. Respondents


                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal

                     Procedure Code, to direct the 2nd respondent to take action against the

                     accused person namely Gopi and conduct an inquiry and investigate the

                     same in accordance with law based on the complaint dated 10.11.2020

                     which was send to the all the respondents.

                                                       Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.19880 of 2020



                                           For Petitioner        : Mr.V.Babu

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

                                                        ORDER

This petition has been filed to direct the 2nd respondent to take

action against the accused person namely Gopi and conduct an inquiry and

investigate the same in accordance with law based on the complaint dated

10.11.2020.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19880 of 2020

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 directions issued by the

Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

01.02.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr

To

1. The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai – 07.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19880 of 2020

N. ANAND VENKATESH,J

ssr

2. The Inspector of Police, (Law & Order) S-10, Pallikaranai Police Station, Pallikaranai, Chennai – 600 064.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.19880 of 2020

01.02.2021

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