Krishnan vs 2 The Inspector Of Police
2021 Latest Caselaw 103 Mad

                                                                               Crl.O.P.No.19879 of 2020

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 04.01.2021

                                                          CORAM

                                   THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                               Crl.O.P. No.19879 of 2020

                     KRISHNAN                                                     ..   Petitioner
                                                        .vs.

                     1         STATE REP BY
                               JOINT COMMISSIONER OF POLICE
                               NORTH ZONE, CHENNAI DISTRICT.

                     2         THE INSPECTOR OF POLICE
                               H-4, KORRUKKUPET POLICE STATION
                               CHENNAI.                                           ..Respondents


                               This Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure to direct the respondent to investigate
                     and register a case based on the petitioner's complaint dated
                     02.11.2020.


                                      For Petitioner             : Mr.S.Nambirajan

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



                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                        Crl.O.P.No.19879 of 2020

                                                     ORDER

This petition has been filed to direct the respondent to

investigate and register a case based on the petitioner's complaint

dated 02.11.2020.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19879 of 2020

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.

                                                                                    04.01.2021
                     mra
                     Speaking/Non-speaking order
                     Index     : Yes/No
                     Internet : Yes/No

                     To

1. JOINT COMMISSIONER OF POLICE NORTH ZONE, CHENNAI DISTRICT.

2 THE INSPECTOR OF POLICE H-4, KORRUKKUPET POLICE STATION CHENNAI.

3. THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19879 of 2020

N. ANAND VENKATESH,. J.

mra

Crl.O.P.No.19879 of 2020

04.01.2021

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