P.Jothi vs Commissioner Of Police
2021 Latest Caselaw 118 Mad

                                                                1          Crl.OP No.18876 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.18876 of 2020

                     P.Jothi                                                         ...Petitioner

                                                         .Vs.

                     1.Commissioner of Police
                       Greater Chennai Police
                       Vepery, Chennai-7.

                     2.The State by
                       The Inspector of Police
                       E1 Mylapore Police Station,
                       Chennai-4.                                                ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent police to
                     register the FIR and take necessary action and investigate the matter
                     properly based on the petitioner's complaint dated 28.10.2020.

                                      For Petitioner   : Mr.C.Ganesh Pandian

                                       For Respondents : Mr.M.Mohamed Riyaz
                                                         (Crl.Side)
                                                          Additional Public Prosecutor



https://www.mhc.tn.gov.in/judis/
                                                             2                Crl.OP No.18876 of 2020

                                                       ORDER

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

respondent to register the FIR, based on the petitioner's complaint dated

28.10.2020.

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

order referred supra.

4.This Criminal Original Petition is disposed of

accordingly.

04.01.2021

Index : Yes/No Internet: Yes/No KP

To

1.Commissioner of Police Greater Chennai Police Vepery, Chennai-7.

2.The Inspector of Police E1 Mylapore Police Station, Chennai-4.

3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH. J., https://www.mhc.tn.gov.in/judis/

KP

CRL.O.P.No.18876 of 2020

04.01.2021

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