Madras High Court
M.Kalaimani vs The Commissioner Of Police on 4 January, 2021
1 Crl.OP.No.18741 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.18741 of 2020
M.Kalaimani ... Petitioner
vs.
1.The Commissioner of Police,
Greater Chennai Police,
Commissioner Office Building,
No.132, E.V.K.Sampath, Vepery,
Chennai 600 007.
2.The Joint Commissioner of Police,
West Zone, Sidco Administrative Building,
2nd Main Road, Ambattur Industrial Estate,
Chennai 600 058.
3.The Deputy Commissioner of Police,
Ambattur Police District,
Old Municipality Building, 1st Floor,
Avadi, Chennai 600 054.
4.The Assistant Commissioner of Police,
Pattabiram Range,
Chennai Thiruvallur High Road,
Thiruninravur 602 024.
5.The Inspector of Police,
T-11, Thiruvallur High Road,
Thiruninravur 602 024. .. Respondents
https://www.mhc.tn.gov.in/judis/
2 Crl.OP.No.18741 of 2020
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, directing the respondents to register the case based
on the complaint given by the petitioner on 18.01.2020 to the 3rd
respondent and another complaint given by the petitioner on 21.01.2020 to
the 1st respondent to file the final report within the time stipulated by this
Hon'ble Court.
For Petitioner : Mr.M.Praveen Kumar
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 the case based on the complaint given by the
petitioner on 18.01.2020 and 21.01.2020 .
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing on behalf of the respondents.
https://www.mhc.tn.gov.in/judis/
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.
04.01.2021
Index : Yes/No
Internet : Yes/No
KP
https://www.mhc.tn.gov.in/judis/
N. ANAND VENKATESH, J.
KP
1.The Commissioner of Police,
Greater Chennai Police,
Commissioner Office Building,
No.132, E.V.K.Sampath, Vepery,
Chennai 600 007.
2.The Joint Commissioner of Police,
West Zone, Sidco Administrative Building,
2nd Main Road, Ambattur Industrial Estate,
Chennai 600 058.
3.The Deputy Commissioner of Police,
Ambattur Police District,
Old Municipality Building, 1st Floor,
Avadi, Chennai 600 054.
4.The Assistant Commissioner of Police,
Pattabiram Range,
Chennai Thiruvallur High Road,
Thiruninravur 602 024.
5.The Inspector of Police,
T-11, Thiruvallur High Road,
Thiruninravur 602 024.
6.The Additional Public Prosecutor,
High Court, Madras.
Crl.O.P No.18741 of 2020
04.01.2021
https://www.mhc.tn.gov.in/judis/
