R.Soundarapandian M.A. vs The Commissioner Of Police
2021 Latest Caselaw 13310 Mad

                                                                            Crl.O.P.No.22213 of 2018


                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 06.07.2021

                                                     CORAM:

                                      THE HON'BLE MR.JUSTICE M.DHANDAPANI

                                              Crl.O.P.No.22213 of 2018

                     R.Soundarapandian M.A., LLB.,                              ... Petitioner


                                                       Versus

                     1.The Commissioner of Police,
                       Chennai.

                     2.The Assistant Commissioner of Police,
                       S-15, Police Station,
                       Tambaram,
                       Chennai.

                     3. The Inspector of Police, All Women
                        S-11, Police Station, Women,
                        Tambaram, Chennai.                                  ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the first respondent, the police
                     personnel or any other investigation agency to register the complaint
                     made by the petitioner on 06.08.2018 to the first respondent and to file
                     the F.I.R and investigate the same in accordance with law within a time


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.22213 of 2018


                     frame as may be fixed by this Court.

                                      For Petitioner    :     Mr.R.Soundarapandian
                                                              [Party-in-Person]
                                      For Respondents :       Mr.A.Gopinath
                                                              Government Advocate (Crl.Side)

                                                        ORDER

This Criminal Original Petition has been filed to direct the first

respondent Police to register a case based on the petitioner complaint

dated 06.08.2018 pending on the file of the first respondent Police.

2.Heard the Party-in-Person and the learned Government Advocate

(Crl.Side) 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22213 of 2018

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.

06.07.2021 Index: Yes/No Internet: Yes/No msrm To

1.The Commissioner of Police, Chennai.

2.The Assistant Commissioner of Police, S-15, Police Station, Tambaram, Chennai.

3. The Inspector of Police, All Women S-11, Police Station, Women, Tambaram, Chennai.

4.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22213 of 2018

M.DHANDAPANI, J.

msrm

CRL.O.P.No.22213 of 2018

06.07.2021

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