Madras High Court
J.Prem Kumar vs The Commissioner Of Police on 2 February, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.1519 of 2021
J.Prem Kumar Petitioner
vs.
1. The Commissioner of Police,
O/o. the Commssioner of Police,
Chennai City Police,
Vepery, Chennai – 600 007.
2. The Assistant Commissioner of Police,
O/o. the Assistant Commissioner of Police,
Poonamallee Range,
Poonamallee, Chennai – 600 053.
3. The State Rep. by
The Inspector of Police,
Thiruverkadu Police Station
Chennai District.
(CSR No.639 of 2020) Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, directing the 1st Respondent herein to
transfer the investigation of the petitioner's complaint dated
07.07.2020 on the file of the 3rd Respondent to some other
independent Investigation Officer in the rank of Assistant
Commissioner of Police/D.S.P. And investigate the same and to file a
Final Report within the stipulated time as fixed by this Court.
https://www.mhc.tn.gov.in/judis/
2
For Petitioner : Mr.S.Kumara Devan
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This Criminal Original petition has been filed to direct the 1st
Respondent herein to transfer the investigation of the petitioner's
complaint dated 07.07.2020 on the file of the 3rd respondent to
some other independent Investigation Officer in the rank of Assistant
Commissioner of Police/D.S.P. And investigate the same and to file a
Final Report within the stipulated time as fixed by this Court.
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
https://www.mhc.tn.gov.in/judis/
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.
This Criminal Original Petition is disposed of accordingly.
02.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
ssr
To
1. The Commissioner of Police,
O/o. the Commssioner of Police,
Chennai City Police,
Vepery, Chennai – 600 007.
2. The Assistant Commissioner of Police,
O/o. the Assistant Commissioner of Police,
Poonamallee Range,
Poonamallee, Chennai – 600 053.
https://www.mhc.tn.gov.in/judis/
N. ANAND VENKATESH, J.
ssr
3. The Inspector of Police,
Thiruverkadu Police Station
Chennai District.
4. The Public Prosecutor,
High Court, Madras.
Crl.O.P No.1519 of 2021
02.02.2021
https://www.mhc.tn.gov.in/judis/
