M/S.Equitas Small Finance Bank ... vs The Assistant Commissioner Of ...
2021 Latest Caselaw 145 Mad

                                                           1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 04.01.2021

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                             Crl.O.P No.19602 of 2020

                     1 M/s.Equitas Small Finance Bank Private Limited,
                       Rep. By its cluster Manager,
                       Mr.K.Karthikeyan
                       Having Branch Office at No.56,
                       2nd Avenue, Ashok Nagar,
                       Chennai 600 083                           ...PETITIONER


                                   Vs

                    1 The Assistant Commissioner of Police,
                      Bank Fraud Prevention Wing,
                      Central Crime Branch, Chennai 600007.

                    2. The Inspector of Police,
                       Central Crime Branch, Chennai 600 007
                                                                      ...Respondents
                    PRAYER: Criminal Original Petition filed under Section 482 of the

                    Code of Criminal Procedure, to direct the respondent Police to

                    register the F.I.R and investigate the case on the basis of the

                    complaint dated 28.02.2020.

                                          For Petitioner       : Mr.A.Damodharan
https://www.mhc.tn.gov.in/judis/
                                                          2

                                          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 28.02.2020, 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 issue any direction for registration of FIR in exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme https://www.mhc.tn.gov.in/judis/

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.

                                                                                04.01.2021


                    Index      : Yes/No
                    Internet : Yes/No

Speaking Order/Non-Speaking Order rka

To 1 The Assistant Commissioner of Police, Bank Fraud Prevention Wing, Central Crime Branch, Chennai 600007.

2. The Inspector of Police, Central Crime Branch, Chennai 600 007

3. THE PUBLIC PROSECUTOR, HIGH COURT OF MADRAS

N. ANAND VENKATESH, J.

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

Crl.O.P No.19603 of 2020

04.01.2021

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