Samunnati Financial ... vs The Inspector Of Police
2021 Latest Caselaw 2283 Mad

                                                                                    Crl.O.P.No.1492 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 02.02.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                Crl.O.P.No.1492 of 2021


                     Samunnati Financial Intermediation and Services Pvt Ltd
                     Rep.By Its Senior Manager Mr.D.Vijayakarthi
                     Having Office at Baid Hi Tech Park ,
                     8th Floor No. 129B East Coast Road,
                     Thiruvanmiyur, Chennai – 600 041.                                     .. Petitioner

                                                                Vs.

                     The Inspector of Police
                     Central Crime Branch, Team-3
                     Greater Corporation,
                     Chennai-600 007.                                                    .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the respondent herein to Register the complaint
                     dated 19.11.2020 filed by the petitioner, on the file of the Inspector of
                     police, Central Crime Branch, Team-3, Chennai.
                                          For Petitioner        : M/s.Nithyaesh Natraj

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

                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.1492 of 2021



                                                         ORDER

This petition has been filed to direct the respondent herein to Register

the complaint dated 19.11.2020 filed by the petitioner, on the file of the

Inspector of police, Central Crime Branch, Team-3, Chennai.

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

Additional Public Prosecutor appearing on behalf of the respondent.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1492 of 2021

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.

02.02.2021

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

To

1. The Inspector of Police Central Crime Branch, Team-3 Greater Corporation, Chennai-600 007.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1492 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.1492 of 2021

02.02.2021

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