N.S.Rangachari vs State Of Tamil Nadu Rep By Its
2021 Latest Caselaw 2134 Mad

                                                                                  Crl.O.P.No.19932 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.19932 of 2020


                     N.S.Rangachari                                                       .. Petitioner

                                                                Vs.

                     1. State of Tamil Nadu rep by its
                        The Commissioner of Police,
                        Greater Chennai, Vepery, Chennai – 600 007.

                     2. The Inspector of Police,
                        Central Crime Wing,
                        Vepery, Chennai – 600 007.

                     3. N.Velappan                                                     .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the 1st and 2nd respondents to take further action
                     the complaint dated 14.03.2020 and take action against the 3rd respondent.

                                          For Petitioner        : Mr.S.V.S.Ilamvazhuthi

                                          For Respondents : Mr.M.Mohamed Riyaz
                                                            Additional Public Prosecutor
                                                            for R1 & R2

                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.19932 of 2020



                                                        ORDER

This petition has been filed to direct the 1st respondent to 3rd

respondent to take necessary further action based on the complaint dated on

12.11.2020 and to investigate the case.

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing on behalf of the respondents 1 & 2.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19932 of 2020

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, Greater Chennai, Vepery, Chennai – 600 007.

2. The Inspector of Police, Central Crime Wing, Vepery, Chennai – 600 007.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19932 of 2020

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.19932 of 2020

01.02.2021

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