S.Anand vs The Commissioner Of Police
2021 Latest Caselaw 286 Mad

                                                        1              Crl.OP No.20203 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.20203 of 2020


                     S.Anand                                                  ...Petitioner

                                                      .Vs.


                     1.The Commissioner of Police,
                       Office of the Commissioner of Police,
                       CCTNS Branch (Crime and Criminal
                        Tracking Network & Systems)
                      Vepery, Chennai 600 007.

                     2.The Inspector of Police,
                       Cyber Crime, T 6, Avadi Police Station,
                       Avadi, Chennai 600 054.
                                                                           ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents to register
                     a case on the complaint of the petitioner dated 04.09.2020 before
                     the 2nd respondent and also another online complaint before the
                     1st respondent on 28.09.2020 under relevant section of the Indian
                     Penal Code, and conduct enquiry to find out the person who
                     misused the petitioner credit card No.4363891510208510 for
https://www.mhc.tn.gov.in/judis/
                                                           2              Crl.OP No.20203 of 2020

                     purchasing the things in Amazon Seller Service at Mumbai through
                     online.


                                     For Petitioner      : Ms.R.Meenakshi

                                     For Respondents : Mr.M.Mohamed Riyaz
                                                      (Crl.Side)
                                                      Additional Public Prosecutor


                                                      ORDER

This Criminal Original Petition has been filed to direct

the respondents to register a case on the complaint of the

petitioner dated 04.09.2020, before the 2nd respondent and also

another online complaint before the 1st respondent on 28.09.2020

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

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.

05.01.2021

Index : Yes/No Internet: Yes/No KP

N.ANAND VENKATESH.J.,

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

To

1.The Commissioner of Police, Office of the Commissioner of Police, CCTNS Branch (Crime and Criminal Tracking Network & Systems) Vepery, Chennai 600 007.

2.The Inspector of Police, Cyber Crime, T 6, Avadi Police Station, Avadi, Chennai 600 054.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.20203 of 2020

05.01.2021

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