Heart Care India Co vs The Deputy Commissioner Of Police
2021 Latest Caselaw 122 Mad

                                                                1            Crl.OP No.18848 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.18848 of 2020

                     Heart Care India Co.,
                     rep.by its Prop.S.Manimozhi                                     ...Petitioner

                                                         .Vs.

                     The Deputy Commissioner of Police
                     [Cyber Crime Branch],
                     Mylapore Police Station,
                     Chennai 600004.                                               ...Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the respondent to register a case

                     against my complaint dated 12.11.2020 and to investigate the case in

                     accordance with law.



                                      For Petitioner   : Mr.R.Lokeshwaran

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




https://www.mhc.tn.gov.in/judis/
                                                              2              Crl.OP No.18848 of 2020

                                                      ORDER

This Criminal Original Petition has been filed to direct the

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

12.11.2020.

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 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 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.The Deputy Commissioner of Police [Cyber Crime Branch], Mylapore Police Station, Chennai 600004.

2.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH. J.,

KP

CRL.O.P.No.18848 of 2020

04.01.2021

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