Texon (India) Private Limited vs The Inspector Of Police
2021 Latest Caselaw 81 Mad

                                                                   1           Crl.OP No.17468 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.17468 of 2020

                     Texon (India) Private Limited,
                     Rep. by its director,
                     Mr. A.Venkatesan,
                     S.No. 376, Thirumudivakkam Main Road,
                     Behind Amarprakash Heritage Apartments,
                     Thirumudivakkam, Chennai,
                     TN 600044.                                                  ...Petitioner

                                                         .Vs.

                     1.The Inspector of Police,
                       Poonamallee Police Station
                       Poonamallee.

                     2.D.Senguttuvan                                             ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to direct the 1st respondent police to register the
                     complaint of the petitioner dated February 7, 2020 and to take necessary
                     action and investigate into the matter in accordance with law.

                                     For Petitioner      : Ms. AMI V.Kataria

                                     For Respondents : Mr.M.Mohamed Riyaz
                                                       Additional Public Prosecutor


https://www.mhc.tn.gov.in/judis/
                                                                   2          Crl.OP No.17468 of 2020


                                                        ORDER

This Criminal Original Petition has been filed to direct the 1st

respondent Police to register an FIR based on the petitioner's complaint

dated 07.02.2020, pending on the file of the 1st 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 their remedy as per the

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

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 rm

To

1.The Inspector of Police, Poonamallee Police Station Poonamallee.

2.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

rm

CRL.O.P.No.17468 of 2020

04.01.2021

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