Radha Bhuvaneswari Subburatnam vs The Commissioner Of Police
2021 Latest Caselaw 93 Mad

                                                                           Crl.O.P.No.20054 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.20054 of 2020

                     Radha Bhuvaneswari Subburatnam                               .. Petitioner

                                                       .vs.

                     1.        The Commissioner of Police
                               Greater Chennai
                               Office of Commissioner of Police
                               Vephery, Chennai – 600 007.

                     2.        The Deputy Commissioner of Police
                               Adyar Range
                               Adyar, Chennai – 600 020.

                     3.        The Inspector of Police (Crime)
                               J-13, Taramani Police Station
                               Chennai – 600 113.                             ..Respondents


                               This Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 3rd respondent to register
                     a case on the basis of complaint dated 21.04.2020.




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                        Crl.O.P.No.20054 of 2020

                                    For Petitioner        : Mr.V.Purushothaman Reddy

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


                                                       ORDER

This petition has been filed to direct the the 3rd respondent

to register a case on the basis of complaint dated 21.04.2020.

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 in

(2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20054 of 2020

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.

4. This Criminal Original Petition is disposed of accordingly.

04.01.2021 mra Speaking/Non-speaking order Index : Yes/No Internet : Yes/No

To

1. THE COMMISSIONER OF POLICE GREATER CHENNAI OFFICE OF COMMISSIONER OF POLICE VEPHERY, CHENNAI – 600 007.

2. THE DEPUTY COMMISSIONER OF POLICE ADYAR RANGE ADYAR, CHENNAI – 600 020.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20054 of 2020

N. ANAND VENKATESH,. J.

mra

3. THE INSPECTOR OF POLICE (CRIME) J-13, TARAMANI POLICE STATION CHENNAI – 600 113.

4. THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

Crl.O.P. No.20054 of 2020

04.01.2021

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