G.M.Babu vs The Superintendent Of Police
2021 Latest Caselaw 2446 Mad

                                                                                    Crl.O.P.No.1606 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.1606 of 2021
                     G.M.Babu                                         .. Petitioner

                                                                 Vs.
                     1. The Superintendent of Police
                     Economic Offences Wing-II Units,
                     SIDCO Old Corporate Building,
                     Ist Floor,
                     Garment Complex-II,
                     Guindy, Chennai-32.

                     2. The Inspector of Police,
                     Economic Offences Wing-II
                     Erode District.                                          .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, directing the respondents to register a case on the
                     petitioner's complaint dated 14.07.2020 to the second respondent,
                     investigate and file a final report.


                                          For Petitioner         : Mr.N.Manigandan
                                          For Respondent         : Mr.M.Mohamed Riyaz
                                                                   Additional Public Prosecutor

                                                            Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.1606 of 2021



                                                          ORDER

This petition has been filed to direct the second respondent Police

to register a case based on the petitioner's complaint dated 14.07.2020,

pending on the file of the 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.1606 of 2021

4. This Criminal Original Petition is disposed of accordingly.

03.02.2021

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

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To

1. The Superintendent of Police Economic Offences Wing-II Units, SIDCO Old Corporate Building, Ist Floor, Garment Complex-II, Guindy, Chennai-32.

2. The Inspector of Police, Economic Offences Wing-II Erode District.

3. The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1606 of 2021

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Crl.O.P.No.1606 of 2021

03.02.2021

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