S.Prakash vs The Commissioner Of Police
2021 Latest Caselaw 1393 Mad

                                                        1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 21.01.2021

                                                     CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.701 of 2021

                    S.Prakash                                           ..Petitioner

                                   Vs

                    1. The Commissioner of Police,
                       The Commissioner office,
                       Vepery, Chennai 7

                    2. The State Rep. By
                       Inspector of Police,
                       T14, Mangadu Police Station,
                       Sri Chakra Nagar, Kamatchiamman Nagar,
                       Mangadu, Chennai 12
                                                                       ..RESPONDENTS


                    PRAYER: Criminal Original Petition filed under Section 482 of the

                    Code of Criminal Procedure, to direct respondents herein to

                    register an F.I.R on the basis of the petitioner's complaint dated

                    24.11.2020.




https://www.mhc.tn.gov.in/judis/
                                                           2




                                          For Petitioner       : Mr.K.Gangadaran

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

                                                       ORDER

This petition has been filed to direct the 2nd

respondent Police to register a case based on the petitioner's

complaint dated 24.11.2020, pending on the file of the 2nd

respondent Police.

2. Heard the learned counsel for the petitioner and the

learned Government 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/

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.

                                                                                21.01.2021


                    Index      : Yes/No
                    Internet : Yes/No

Speaking Order/Non-Speaking Order rka

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To

1. The Commissioner of Police, The Commissioner office, Vepery, Chennai 7

2. The State Rep. By Inspector of Police, T14, Mangadu Police Station, Sri Chakra Nagar, Kamatchiamman Nagar, Mangadu, Chennai 12

3. THE PUBLIC PROSECUTOR, HIGH COURT OF MADRAS

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

N. ANAND VENKATESH, J.

rka

Crl.O.P No.701 of 2021

21.01.2021

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