Mr.Sriman Narayan vs The Inspector Of Police
2021 Latest Caselaw 2445 Mad

                                                                                   Crl.O.P.No.1607 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                       Dated : 03.02.2021
                                                            Coram
                             THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
                                                  Crl.O.P.No.1607 of 2021

                     Mr.Sriman Narayan
                                                                                           ...Petitioner
                                                            Versus
                     The Inspector of Police,
                     T 15, SRMC Police Station,
                     Porur,Chennai - 600 116.
                                                                                         ...Respondent

                               This Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code praying to pass an order of direction directing the
                     respondent to register a case based upon the petitioner's complaint dated
                     02.01.2021.
                                      For Petitioner            :     Mr.M.Madhu Prakash

                                      For Respondent            :     Mr.Mohamed Riyaz,
                                                                      Additional Public Prosecutor

                                                          ORDER

This petition has been filed to direct the respondent Police to register

a case based on the petitioner's complaint dated 02.01.2021, pending on the

file of the respondent Police.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1607 of 2021

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

Government 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.

4. This Criminal Original Petition is disposed of accordingly.

08.02.2021 rli

N.ANAND VENKATESH, J.,

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1607 of 2021

rli

Index : Yes/No

Speaking Order (or) Non-Speaking Order

To

The Inspector of Police, T 15, SRMC Police Station, Porur, Chennai - 600 116.

Crl.O.P.No.1607 of 2021

03.02.2021

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