G.Venkatesan vs The Commissioner Of Police
2021 Latest Caselaw 6421 Mad

                                                                                 Crl.O.P.No.4788 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED        10.03.2021

                                                           CORAM

                               THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                              Crl.O.P.No.4788 of 2021


                     G.Venkatesan                                                       .. Petitioner

                                                                 Vs.

                     1. The Commissioner of Police,
                        Office of the Commissioner of Police,
                        Periyar EVR High Road,
                        Vepery, Chennai – 600 007.

                     2. The Inspector of Police,
                        M-8, Sathangadu Police Station,
                        Chennai - 600 068.                                         .. Respondents


                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the 2nd respondent to Register the complaint
                     of the petitioner dated 20.10.2020 and investigate the same vide CSR
                     No.276 of 2020 dated 21.10.2020 within time frame fixed by this
                     Court.
                                          For Petitioner        : Mr.K.R.Pughazhendhi


                                          For Respondents : Mr.M.Mohammed Riyaz
                                                            Additional Public Prosecutor



                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                              Crl.O.P.No.4788 of 2021



                                                      ORDER

This petition has been filed to direct the 2nd respondent to

Register the complaint of the petitioner dated 20.10.2020 and

investigate the same vide CSR No.276 of 2020 dated 21.10.2020

within time frame fixed by this Court.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4788 of 2021

(3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to the

petitioner to workout her remedy as per the directions issued by the

Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

10.03.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr

To

1. The Commissioner of Police, Office of the Commissioner of Police, Periyar EVR High Road, Vepery, Chennai – 600 007.

2. The Inspector of Police, M-8, Sathangadu Police Station, Chennai - 600 068.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4788 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.4788 of 2021

10.03.2021

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