S.Johnson Engrin vs The Additional Deputy ...
2021 Latest Caselaw 319 Mad

                                                                 1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 05.01.2021

                                                              CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                      Crl.O.P.No.16417 of 2020

                S.Johnson Engrin,
                S/o.M.Sadasivam.                                                       ... Petitioner
                                                                Vs.
                The State rep. by
                1.The Additional Deputy Commissioner of Police,
                  Job Rocketing Wing,
                  O/o.CCB, The Commissioner of Police Campus,
                  Vepery, Chennai 600 007.

                2.The Inspector of Police,
                  Job Rocketing Wing,
                  O/o.CCB, The Commissioner of Police Campus,
                  Vepery, Chennai 600 007.                                             ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 of Cr.P.C. to
                direct the 2nd respondent to take further action on the petitioner's complaint
                dated              26.09.2019     pending       investigation     on       his     file   in
                C.No.5326/CCB/Visitors/2019.
                                     For Petitioner                   : Mr.R.Krishnamurthy
                                     For Respondents                  : Mr.M.Mohamed Riyaz,
                                                                        Additional Public Prosecutor.
                                                             ORDER

This Criminal Original Petition has been filed to direct the 2nd https://www.mhc.tn.gov.in/judis/ respondent Police to take further action on the petitioner's complaint dated

26.09.2019, pending on the file of the 2nd respondent police.

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.

05.01.2021 Internet:Yes/No rm https://www.mhc.tn.gov.in/judis/

To

1.The Additional Deputy Commissioner of Police, Job Rocketing Wing, O/o.CCB, The Commissioner of Police Campus, Vepery, Chennai 600 007.

2.The Inspector of Police, Job Rocketing Wing, O/o.CCB, The Commissioner of Police Campus, Vepery, Chennai 600 007.

3.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.,J

rm

Crl.O.P.No.16417 of 2020

05.01.2021

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