Paul Richard vs The Commissioner Of Police
2021 Latest Caselaw 4064 Mad

                                                                                  Crl.O.P.No.3012 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                      DATED : 17.02.2021
                                                             CORAM
                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
                                                  Crl.O.P.No.3012 of 2021

                     Paul Richard
                                                                                          ...Petitioner
                                                             Versus
                     1.The Commissioner of Police,
                     Vepery,
                     Chennai.

                     2.The Inspector of Police Station,
                     Red Hills Police Station,
                     Chennai.

                     3.The Inspector of Police,
                     Central Crime Branch,
                     Vepery, Chennai.                                                 ..Respondents

                               This Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code to change the investigation in CSR No.566 of 2020 on the
                     file of 2nd Respondent herein to Central Crime Branch, Chennai for
                     appropriate action on the complaint of the Petitioner.


                                     For Petitioner      :      Mr.C.Muthukumar.
                                     For Respondent      :      Mr.M.Mohamed Riyaz
                                                                Additional Public Prosecutor.


                     1


https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.3012 of 2021




                                                         ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 28.11.2020,

pending on the file of the third respondents 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.3012 of 2021

4. This Criminal Original Petition is disposed of accordingly.

17.02.2021 rli

Index : Yes/No

Speaking Order (or) Non-Speaking Order

Internet:Yes/No

To

1.The Commissioner of Police, Vepery, Chennai.

2.The Inspector of Police Station, Red Hills Police Station, Chennai.

3.The Inspector of Police, Central Crime Branch, Vepery, Chennai.

4. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3012 of 2021

N.ANAND VENKATESH,J.

Rli

Crl.O.P.No.3012 of 2021

17.02.2021

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