Mr.Mohit Kumar Chhabra vs The Commissioner Of Police
2021 Latest Caselaw 463 Mad

                                                                    Crl.op.16822 of 2020 dt.6.1.2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 06.01.2021

                                                        CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P. No.16822 of 2020

                     Mr.Mohit Kumar Chhabra,
                     Chairman,
                     M/s. A LA MODA TEXTILE CO. LTD.,
                     having registered office at
                     World Trade Building B Block,
                     Room No.21, 3rd Floor, Shaoxing Keqiao,
                     Zhejiang Province, China.                                       .. Petitioner
                                                   .vs.

                     1.The Commissioner of Police,
                        Greater Chennai,
                        No.132, Commissioner Office Building,
                        E.V.K. Sampath Salai, Vepery,
                        Chennai.
                     2. The Inspector of Police,
                        C.C.B.,
                        Commissioner Office Building,
                        E.V.K.Smapath Salai, Vepery,
                        Chennai.                                                  ..Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondent to register a case based
                     on the complaint dated 04.09.2020 of the petitioner.

                                      For Petitioner    : Mr.A.Suresh Sakthi Murugan

                                      For Respondents : Mr.M.Mohamed Riyaz,
                                                        Addl. Public Prosecutor

https://www.mhc.tn.gov.in/judis/
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                                                                     Crl.op.16822 of 2020 dt.6.1.2021

                                                         ORDER

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

case based on the complaint dated 04.09.2020 of the petitioner.

2.Heard the learned counsel for the petitioner and the learned

Addl. 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.

                                                                                        06.01.2021
                     Index           : Yes/No
                     Internet        : Yes/No
                     msr

                     To

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

Crl.op.16822 of 2020 dt.6.1.2021

1. The Commissioner of Police, Greater Chennai, No.132, Commissioner Office Building, E.V.K. Sampath Salai, Vepery, Chennai.

2. The Inspector of Police, C.C.B., Commissioner Office Building, E.V.K.Smapath Salai, Vepery, Chennai.

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

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

Crl.op.16822 of 2020 dt.6.1.2021

N. ANAND VENKATESH,. J.

msr

Crl.O.P. No.16822 of 2020

06.01.2021

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