Ramaswamy vs Inspector Of Police
2021 Latest Caselaw 6107 Mad

                                                          1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 08.03.2021

                                                        CORAM

                           THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                               CRL.O.P.No.4617 of 2021


                     Ramaswamy                                                ...Petitioner


                                                         .Vs.



                     Inspector of Police,
                     R 3 Ashok Nagar Police Station,
                     Ashok Nagar,
                     Chennai.                                                 ...Respondent




                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the Inspector of Police, R-3
                     Ashok Nagar Police Station, Ashok Nagar, Chennai, to register the
                     petitioner's Complaint dt.19.01.2021.




                                       For Petitioner   : Mr.S.Ramachandran

                                      For Respondent : Mr.M.Mohamed Riyaz
https://www.mhc.tn.gov.in/judis/                       Additional Public Prosecutor
                                                          2



                                                      ORDER

This Criminal Original Petition has been filed to direct

the respondent police to register the petitioner's complaint dt.

19.01.2021.

2.Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor appearing on behalf of the

respondent.

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

alternative remedy provided under Section 154 (3) of Cr.P.C., and https://www.mhc.tn.gov.in/judis/

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.

08.03.2021

Index : Yes/No Internet: Yes KP

To

1.Inspector of Police, R 3 Ashok Nagar Police Station, Ashok Nagar, Chennai.

2.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH. J., KP

CRL.O.P.No.4617 of 2021

08.03.2021

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