B.Chandrasekar vs State By
2021 Latest Caselaw 1129 Mad

                                                                             Crl.O.P.No.519 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED 19.01.2021

                                                       CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.519 of 2021


                     B.Chandrasekar                                              .. Petitioner

                                                            Vs.

                     1.State by
                       The Inspector of Police,
                       V-7, Nolambur Police Station,
                       Chennai – 600 037.

                     2.The Commissioner of Police,
                       Office of the Commissioner of Police,
                       Chennai – 600 007.                                      .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal

                     Procedure Code, to direct the respondent police to register a case on the

                     basis of the petitioner's complaint dated 02.12.2020 and to proceed to

                     investigate the same in accordance with law.




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https://www.mhc.tn.gov.in/judis/
                                                                                     Crl.O.P.No.519 of 2021



                                            For Petitioner        : Mr.N.S.Thanu Madhan

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

                                                         ORDER

This petition has been filed to direct the respondent police to register

a case on the basis of the petitioner's complaint dated 02.12.2020 and to

proceed to investigate the same in accordance with law.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.519 of 2021

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.

19.01.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order mra/ebsi

To

1.The Inspector of Police, V-7, Nolambur Police Station, Chennai – 600 037.

2.The Commissioner of Police, Office of the Commissioner of Police, Chennai – 600 007.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.519 of 2021

N. ANAND VENKATESH,J

mra/ebsi

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.519 of 2021

19.01.2021

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