K.J.Atchaya vs The Commissioner Of Police
2021 Latest Caselaw 3908 Mad

                                                            1         CRL OP.No.2916 of 2021




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 16.02.2021

                                                    CORAM :

                              THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                            Crl.O.P.No.2916 of 2021


                1. K.J.Atchaya
                2. J.Chendhivel                                        .. Petitioners

                                                      Vs.


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

                2. The Inspector of Police,
                   J-7, Velacherry Police Station,
                   Velacherry, Chennai – 600 042.                      .. Respondents




                Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to

                direct the 2nd respondent herein to register the FIR on the basis of 2nd

                petitioner's complaint dated 18.11.2019 and to take further legal

                action in accordance with law.
https://www.mhc.tn.gov.in/judis/
                                                                2              CRL OP.No.2916 of 2021




                                            For Petitioner     : Mr.M.Srinivasan

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


                                                             ORDER

This petition has been filed to direct the 2nd respondent Police

to register a case based on the petitioner complaint dated 18.11.2019

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

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.

16.02.2021

Index :Yes/No Internet:Yes/No rka To

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

2. The Inspector of Police, J-7, Velacherry Police Station, Velacherry, Chennai – 600 042.

3. The Additional Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH, J.

rka

Crl.O.P.No.2916 of 2021

16.02.2021

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