M.Venkatesh vs The Inspector Of Police
2021 Latest Caselaw 4720 Mad

                                                                 1                Crl.O.P.No.3523 of 2021



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 23.02.2021

                                                           CORAM :

                         THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                   Crl.O.P.No.3523 of 2021
                M.Venkatesh                                                         .. Petitioner

                                                              Vs.
                1. The Inspector of Police,
                   R-5, Virugambakkam Police Station,
                   Virugambakkam,
                  Chennai – 600 092.

                2. The Deputy Commissioner of Police,
                   Mambalam Deputy Commissioner Office,
                   Mambalam,
                   Chennai – 600 018.                                               .. Respondents

                                   Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C.
                to direct the respondent police to register the case and take further action on the
                petitioner's complaint dated 08.10.2020.
                                            For Petitioner  : Mr.S.R.Sagadevan
                                            For Respondents : Mr.M.Mohamed Riyaz
                                                              Additional Public Prosecutor

                                                          ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 08.10.2020, pending on

the file of the first 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.

4.This Criminal Original Petition is disposed of accordingly.

23.02.2021

Index :Yes/No https://www.mhc.tn.gov.in/judis/

Internet:Yes/No

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To

1. The Inspector of Police, R-5, Virugambakkam Police Station, Virugambakkam, Chennai – 600 092.

2. The Deputy Commissioner of Police, Mambalam Deputy Commissioner Office, Mambalam, Chennai – 600 018.

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

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

N.ANAND VENKATESH, J.

rli

Crl.O.P.No.3523 of 2021

23.02.2021

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