Karthic Chandran vs The Commissioner Of Police
2021 Latest Caselaw 5794 Mad

                                                          1                Crl.O.P.No.4333 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 04.03.2021

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                             Crl.O.P No.4333 of 2021

                     Karthic Chandran                                     .. Petitioner

                                                        Vs.

                     1. The Commissioner of Police,
                        No.132, Commissioner office Building,
                        EVK Sampath Road, Veppery, Chennai -600 007

                     2. The Inspector of Police,
                        J-12, Kanathur Police Station,
                        Kanathur, Chennai.                                .. Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the respondents to register

                     a F.I.R on the basis of the complaint dated 23.09.2019 and

                     investigate the same.



                                     For Petitioner   : Mr.V.Sundarraju
                                     For Respondents : Mr.C.Raghavan
                                                       Government Advocate

https://www.mhc.tn.gov.in/judis/
                                                          2             Crl.O.P.No.4333 of 2021



                                                      ORDER

This petition has been filed to direct the respondent Police

to register a case based on the petitioner complaint dated

23.09.2019 pending on the file of the respondent Police.

2.Heard the learned counsel for the petitioner and the

learned Government Advocate 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 https://www.mhc.tn.gov.in/judis/

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.

                                                                                 04.03.2021


                     Index          : Yes/No
                     Internet       : Yes/No
                     rka

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

N. ANAND VENKATESH, J.

rka

To

1. The Commissioner of Police, No.132, Commissioner office Building, EVK Sampath Road, Veppery, Chennai -600 007

2. The Inspector of Police, J-12, Kanathur Police Station, Kanathur, Chennai.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P No.4333 of 2021

04.03.2021

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