D.Elavarasan vs Inspector Of Police
2021 Latest Caselaw 1849 Mad

                                                           1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 27.01.2021

                                                         CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.1028 of 2021


                D.Elavarasan                                           Petitioner

                                                   vs.

                1. Inspector of Police,
                   Cyber Crime, Vepery

                2. The Commissioner of Police,
                   Vepery, Chennai 600 007                                 Respondents

                PRAYER: Criminal Original Petition filed under Section 482 of the Code
                of Criminal Procedure, to direct the 1st respondent Police to enquire
                into the complaint dated 03.11.2020 and investigate the same.
                                   For Petitioner  : Mr.S.Suresh
                                   For Respondents : Mr.Mohammed Riyaz,
                                                     Additional Public Prosecutor

                                                         ORDER

This petition has been filed to direct the 1st respondent Police to

register a case based on the petitioner complaint dated 03.11.2020,

pending on the file of the respondent Police. https://www.mhc.tn.gov.in/judis/

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 order referred supra.

This Criminal Original Petition is disposed of accordingly.

                                                                      27.01.2021
               Index             : Yes/No
               Internet : Yes/No

Speaking Order/Non-Speaking Order rka https://www.mhc.tn.gov.in/judis/

To

1. Inspector of Police, Cyber Crime, Vepery

2. The Commissioner of Police, Vepery, Chennai 600 007

3. The Public Prosecutor, High Court of Madras, Madras.

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

N. ANAND VENKATESH,. J.

rka

Crl.OP No.1028 of 2021

27.01.2021

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