Ponarasi vs The Commissioner Of Police
2021 Latest Caselaw 108 Mad

                                                               1         Crl.OP No.17998 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.17998 of 2020

                     Ponarasi                                               ...Petitioner
                                                   .Vs.

                     1.The Commissioner of Police,
                       Office of the Commissioner of Police,
                       Veppery, Chennai – 600007.

                     2.The Joint Commissioner of Police,
                       Binny road, Nazarathpuram,
                       Chennai – 600016.

                     3.The Deputy Commissioner of Police
                       T.Nagar Police District,
                       1st floor, Madley road, T.Nagar,
                       Chennai – 600017.

                     4.The Assistant Commissioner of Police
                       Valasarawakkam Range,
                       Chennai.

                     5.The Inspector of Police,
                       R-11, Royala Nagar Police Station,
                       Chennai.                                             ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to direct the respondent to investigate and register a


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                                                                   2          Crl.OP No.17998 of 2020

                     case based on the petitioner complaint dated 14.10.2020.
                                     For Petitioner    : Mr. S.Nambirajan

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


                                                       ORDER

This Criminal Original Petition has been filed to direct the

respondent Police to register an FIR based on the petitioner's complaint

dated 14.10.2020, pending on the file of the second 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 Cr.P.C. The Hon'ble Supreme Court held

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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 her remedy as per the directions

issued by the Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

04.01.2021

Index : Yes/No Internet: Yes/No rm

To

1.The Commissioner of Police, Office of the Commissioner of Police, Veppery, Chennai – 600007.

2.The Joint Commissioner of Police, Binny road, Nazarathpuram, Chennai – 600016.

3.The Deputy Commissioner of Police T.Nagar Police District, 1st floor, Madley road, T.Nagar, Chennai – 600017.

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N.ANAND VENKATESH.J.,

rm

4.The Assistant Commissioner of Police Valasarawakkam Range, Chennai.

5.The Inspector of Police, R-11, Royala Nagar Police Station, Chennai.

6.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.17998 of 2020

04.01.2021

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