R.N.Inbavanan vs The Deputy Commissioner Of Police
2021 Latest Caselaw 13342 Mad

                                                                         Crl.O.P.No.15764 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.15764 of 2018

                     1. R.N.Inbavanan

                     2. M.P.Augustine Mary                               ... Petitioners


                                                       Versus

                     1. The Deputy Commissioner of Police,
                        Adyar, Chennai-600 020.

                     2. The Inspector of Police,
                        J-5, Police Station,
                        Sastri Nagar, Adyar,
                        Chennai.

                     3. Pratap
                        M-54, First Main Road,
                        Besant Nagar,
                       Chennai -600 090.                                   ...Respondents

                       (Impleaded as a 3rd respondent as per the order
                       of this Court dated 20.06.2018 in
                       Crl.M.P.No.8125 of 2018 in
                       Crl.O.P.No.15764 of 2018)


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                   Crl.O.P.No.15764 of 2018


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct 2nd respondent to register FIR on
                     my complaints dated 30.04.2018 and proceed further in accordance with
                     law.

                                      For Petitioners   :       M/s.Selvi George

                                      For Respondents :         Mr.A.Gopinath (R1 and R2)
                                                                Government Advocate (Crl.Side)

                                      For Respondent        :   Mr.S.Rajasekar (R3)

                                                        ORDER

This Criminal Original Petition has been filed to direct the second

respondent Police to register a case based on the petitioners complaint

dated 30.04.2018 pending on the file of the second respondent.

2.Heard the learned counsel for the petitioners 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.15764 of 2018

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 petitioners to workout their 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

msrm To

1. The Deputy Commissioner of Police, Adyar, Chennai-600 020.

2. The Inspector of Police, J-5, Police Station, Sastri Nagar, Adyar, Chennai.

3.The Public Prosecutor,

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.15764 of 2018

High Court, Madras.

M.DHANDAPANI, J.

msrm

CRL.O.P.No.15764 of 2018

06.07.2021

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