Madras High Court
Vimal Hari vs The Deputy Commissioner Of Police on 1 February, 2021
Crl.O.P.No.1389 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.1389 of 2021
Vimal Hari .. Petitioner
Vs.
1. The Deputy Commissioner of Police,
Cyber Crime Wing,
Creater Chennai Police,
Egmore, chennai.
2. State rep. by
The Inspector of Police,
(in charge officer of Cyber Crime)
JJ Nagar,
Greater Chennai Police,
Chennai-40. .. Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, to direct the respondent Police herein to register the FIR
based on the petitioners complaint dated 23.09.2020 vide CSR No.349 of
2020.
For Petitioner : Mr.P.Sanjai Gandhi
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
Page 1 of 4
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.1389 of 2021
ORDER
This petition has been filed to direct the respondents Police to
register a case based on the petitioner's complaint dated 23.09.2020,
pending on the file of the respondents 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.1389 of 2021
4. This Criminal Original Petition is disposed of accordingly.
01.02.2021
Index :Yes/No
Internet:Yes/No
Speaking/Non speaking order
rli
To
1. The Deputy Commissioner of Police,
Cyber Crime Wing,
Creater Chennai Police,
Egmore, chennai.
2. State rep. by
The Inspector of Police,
(in charge officer of Cyber Crime)
JJ Nagar,
Greater Chennai Police,
Chennai-40.
3. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.1389 of 2021
N. ANAND VENKATESH,J
rli
Crl.O.P.No.1389 of 2021
01.02.2021
https://www.mhc.tn.gov.in/judis/
