E.Vasantha vs The Inspector Of Police
2021 Latest Caselaw 267 Mad

                                                                                   Crl.O.P.No.20784 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 05.01.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.20784 of 2020


                     E.Vasantha                                                          .. Petitioner

                                                                Vs.

                     The Inspector of Police,
                     Anti Vice Squad, (AVS-I)
                     No.5, Laypoint, Chindaripet,
                     Chennai.                                                          .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal

                     Procedure Code, to issue direction, directing the respondent to register the

                     First Information report on the petitioner complaint dated 16.12.2020

                     pending on his file.

                                          For Petitioner        : Mr.T.V.G.Kartheeban

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

                                                      ORDER

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20784 of 2020

This petition has been filed to direct the respondent to register the

First Information report on the petitioner complaint dated 16.12.2020

pending on his file.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20784 of 2020

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.

05.01.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr

To

1.The Inspector of Police, Anti Vice Squad, (AVS-I) No.5, Laypoint, Chindaripet, Chennai.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20784 of 2020

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.20784 of 2020

05.01.2021

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