M.Devaraj vs The Inspector Of Police
2021 Latest Caselaw 272 Mad

                                                                                 Crl.O.P.No.19401 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.19401 of 2020
                                                           and
                                                Crl. M.P. No. 8857 of 2020
                M.Devaraj                                                          ... Petitioner

                                                           Vs.
                1. The Inspector of Police
                S10,Pallikaranai Police Station,
                Pallikaranai, Chennai-100.

                2. The Inspector of Police,
                Economic Offences Wing,
                Thiruvika Industrial Estate,
                Guindy, Chennai-32.
                (R2 impleaded by order dated 07.01.2021
                by NAVJ in Crl.M.P.No.8857 of 2020)                                ... Respondents

                PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to direct the respondent to register the petitioner complaint
                dated 22.10.2020 on the file of the respondent Police.
                                        For Petitioner    : Mr.V.Venkatesan
                                        For Respondent    : Mr.M.Mohamed Riyaz
                                                            Additional Public Prosecutor

                                                         ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 22.10.2020, pending on https://www.mhc.tn.gov.in/judis/ the file of the respondent Police.

Crl.O.P.No.19401 of 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 order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

05.01.2021 (2/2) Speaking Order/Non-speaking Order

Index :Yes/No

Internet:Yes/No

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

To

Crl.O.P.No.19401 of 2020

1. The Inspector of Police S10,Pallikaranai Police Station, Pallikaranai, Chennai-100.

2. The Inspector of Police, Economic Offences Wing, Thiruvika Industrial Estate, Guindy, Chennai-32.

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

Crl.O.P.No.19401 of 2020

N.ANAND VENKATESH,J.

rli

Crl.O.P.No.19401 of 2020 and Crl. M.P. No. 8857 of 2020

05.01.2021 (2/2)

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