Vimal Hari vs The Deputy Commissioner Of Police
2021 Latest Caselaw 2142 Mad

                                                                                  Crl.O.P.No.1369 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 01.02.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                Crl.O.P.No.1369 of 2021
                     Vimal Hari                                                  .. Petitioner

                                                                Vs.

                     1. The Deputy Commissioner of Police
                     Cyber Crime Wing,
                     Greater Chennai Police,
                     Egmore, Chennai-600 007.

                     2. The Inspector of Police,
                     JJ Nagar,
                     Greater Chennai Police,
                     Chennai.                                                     .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the respondent to register the FIR based on the
                     petitioner's complaint dated 22.09.2020 vide CSR No.346 of 2020.


                                          For Petitioner        : Mr.P.Sanjai Gandhi
                                          For Respondents : Mr.M.Mohamed Riyaz
                                                            Additional Public Prosecutor



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https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.1369 of 2021



                                                         ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 22.09.2020,

pending on the file of the second 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. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1369 of 2021

4. This Criminal Original Petition is disposed of accordingly.

01.02.2021

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

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To

1. The Deputy Commissioner of Police Cyber Crime Wing, Greater Chennai Police, Egmore, Chennai-600 007.

2. The Inspector of Police, JJ Nagar, Greater Chennai Police, Chennai.

3. The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1369 of 2021

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Crl.O.P.No.1369 of 2021

01.02.2021

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