K.R.Yuvith vs The Commissioner Of Police
2021 Latest Caselaw 110 Mad

                                                                  1          Crl.OP No.17839 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.17839 of 2020

                     K.R.Yuvith                                                 ...Petitioner
                                                       .Vs.

                     1.The Commissioner of Police,
                       Greater Chennai Police Commissionerate
                       EVK Sampath Road,
                       Vepery, Chennai – 600007.

                     2.The state represented by,
                       Inspector of Police,
                       CCB, EDF II, Team IX (A),
                       EVK Sampath Road,
                       Vepery, Chennai – 600007.                                ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to direct the 2nd respondent to register a case in
                     connection with above said Complaint Dated 19.02.2020.
                                     For Petitioner  : Mr. A.Saravanan
                                     For Respondents : Mr.M.Mohamed Riyaz
                                                       Additional Public Prosecutor

                                                        ORDER

This Criminal Original Petition has been filed to direct the 2nd

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

dated 19.02.2020, pending on the file of the 2nd 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

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.

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This Criminal Original Petition is disposed of accordingly.

04.01.2021

Index : Yes/No Internet: Yes/No rm

To

1.The Commissioner of Police, Greater Chennai Police Commissionerate EVK Sampath Road, Vepery, Chennai – 600007.

2.The Inspector of Police, CCB, EDF II, Team IX (A), EVK Sampath Road, Vepery, Chennai – 600007.

3.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

rm

CRL.O.P.No.17839 of 2020

04.01.2021

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