Mr.Robert Lazarus vs The Commissioner Of Police
2021 Latest Caselaw 4233 Mad

                                                                                   Crl.O.P.No3170 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 18.02.2021

                                                          CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P.No.3170 of 2021


                1. Mr.Robert Lazarus
                2. Mrs.Sushila Lazarus                                     .. Petitioners

                                                             Vs.

                1. The Commissioner of Police,
                   Greater Chennai Police,
                   No.132, Commissioner Office Building
                   EVK Sampath Road, Vepery,
                   Periyamet, Chennai – 600 007.

                2. The Inspector of Police,
                   Shankar Nagar Police Station (Crime Branch)
                   Pammal, Chennai - 600 075.                              .. Respondents


                Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                Procedure Code, to direct the 2nd respondent to register the FIR based on the
                complaint dated 30.07.2020 given by us, against Prabhu Devarajan.


                                        For Petitioners    : Mr.U.M.Ravichandran
                                        For Respondents : Mr.C.Raghavan
                                                          Government Advocate

                                                          Page 1 of 4

https://www.mhc.tn.gov.in/judis/
                                                                                     Crl.O.P.No3170 of 2021



                                                       ORDER

This petition has been filed to direct the 2nd respondent to register the FIR

based on the complaint dated 30.07.2020 given by us, against Prabhu Devarajan.

2.Heard the learned counsel for the petitioners and the learned Government

Advocate 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No3170 of 2021

issued by the Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

18.02.2021

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

To

1. The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building EVK Sampath Road, Vepery, Periyamet, Chennai – 600 007.

2. The Inspector of Police, Shankar Nagar Police Station (Crime Branch) Pammal, Chennai - 600 075.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No3170 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.3170 of 2021

18.02.2021

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