Madras High Court
Mr.Natarajan vs The Deputy Commissioner Of Police on 10 March, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.No.1750 of 2021
and
WMP No.1750 of 2021
1.Mr.Natarajan
2.Minor N.Surthilaya
3.Minor N.Udhayraj ...Petitioners
.Vs.
1.The Deputy Commissioner of Police,
Women and Child Protection,
Thousand Light, Chennai 600 006.
2.The Inspector of Police, L & O,
T4 Maduravoyal Police Station,
Maduravoyal, Chennai 600 095.
3.Mrs.Tamilselvi
4.Mr.Suresh Kumar .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, for issuance of a Writ of Mandamus, to direct the 1st
respondent to consider and thereby disposing the representation
made by petitioner dated on 23.09.2020, 27.10.2020 for to direct
the 1st respondent police to conduct adjudication process or
investigation expeditiously and during the course of investigation if
https://www.mhc.tn.gov.in/judis/
2
any cognizable offence is made out shall be take action according
to law and with relevant enactment, on petitioner police
Complainant dated on 23.09.2020, 27.10.2020, on the file of 1st
respondent police.
For Petitioner : Mr.K.Yuvaraj
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
for R 1 & R 2
ORDER
This Writ Petition has been filed to direct the 1st
respondent to consider and dispose the representation made by
the petitioner on 23.09.2020 and 27.10.2020, and to direct the
1st respondent to conduct adjudication process or investigation
expeditiously.
2.Heard the learned counsel for the petitioners and the
learned Additional Public Prosecutor appearing on behalf of the
respondents 1 and 2.
3.This petition is not maintainable, in view of the Order
passed by a Division Bench of this Court in G.Prabhakaran v.
https://www.mhc.tn.gov.in/judis/
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
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 Writ Petition is disposed of accordingly. No
costs. consequently, connected miscellaneous petition is closed.
10.03.2021
Index : Yes/No
Internet: Yes/No
KP
N.ANAND VENKATESH.J.,
https://www.mhc.tn.gov.in/judis/
KP
To
1.The Deputy Commissioner of Police,
Women and Child Protection,
Thousand Light, Chennai 600 006.
2.The Inspector of Police, L & O,
T4 Maduravoyal Police Station,
Maduravoyal, Chennai 600 095.
3.The Public Prosecutor,
High Court, Madras.
W.P.No.1750 of 2021
10.03.2021
https://www.mhc.tn.gov.in/judis/
