Balaji M vs The Commissioner Of Police
2021 Latest Caselaw 2663 Mad

                                                                   1          Crl.OP No.1698 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 04.02.2021

                                                          CORAM

                            THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                 CRL.O.P.No.1698 of 2021

                     Balaji M,
                     S/o.J.S.H.Babu.                                               ...Petitioner
                                                         .Vs.

                     1.The Commissioner of Police,
                       Vepery,
                       Chennai 600 007.

                     2.The Inspector of Police,
                       Koyambedu Police Station,
                       Chennai.                                                    ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to register the
                     FIR based on the complaint lodged by the petitioner dated 03-02-2020.


                                      For Petitioner     : Mr.R.C.Paul Kanagaraj

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

                                                         ORDER

This Criminal Original Petition has been filed to direct the 2nd

respondent Police to register an FIR based on the petitioner's complaint

dated 03.02.2020, pending on the file of the 2nd respondent police. https://www.mhc.tn.gov.in/judis/

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.

This Criminal Original Petition is disposed of accordingly.

04.02.2021

Internet: Yes.

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

To

1.The Commissioner of Police, Vepery, Chennai 600 007.

2.The Inspector of Police, Koyambedu Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

rm

CRL.O.P.No.1698 of 2021

04.02.2021

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