T.S.Prasanna vs The Commissioner Of Police
2021 Latest Caselaw 5795 Mad

                                                       1              Crl.O.P.NO.4331 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.4331 of 2021

                     T.S.Prasanna                                     .. Petitioner

                                                      Vs.

                     1. The Commissioner of Police,
                        Greater Chennai,
                        Vepery, Chennai – 7.

                     2. State represented by
                        Inspector of Police
                        P-6, Kodungaiyur Police Station,
                        Chennai & Dist                        .. Respondents




                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to register the complaint dated

                     18.01.2020 in C.S.R.No.55 of 2020 from the file of the Inspector

                     of Police, P-6, Kodungaiyur Police Station, Chennai District to the

                     file of the Inspector of Police, M-1, Madhavaram Police Station

                     and further direct to transfer the investigation to any other

                     competent investigating agency.
https://www.mhc.tn.gov.in/judis/
                                                         2                Crl.O.P.NO.4331 of 2021




                                    For Petitioner   : Mr.R.Balakrishan

                                    For Respondents : Mr.C.Raghavan
                                                      Government Advocate


                                                      ORDER

This petition has been filed to direct the respondent Police

to register a case based on the petitioner complaint dated

18.01.2020 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 https://www.mhc.tn.gov.in/judis/ 3 Crl.O.P.NO.4331 of 2021

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 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/ 4 Crl.O.P.NO.4331 of 2021

N. ANAND VENKATESH, J.

rka

To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai – 7.

2. State represented by Inspector of Police P-6, Kodungaiyur Police Station, Chennai & Dist

3. The Public Prosecutor, High Court, Madras.

Crl.O.P No.4331 of 2021

04.03.2021

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