Ilangovan vs Director General Of Police
2021 Latest Caselaw 22018 Mad

                                                       Crl.O.P.No.20154 of 2021


        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                          DATED : 08.11.2021


            THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                       Crl.O.P.No.20154 of 2021
Ilangovan                             ...       Petitioner
                                  Versus
1.Director General of Police,
  O/o.Director General of Police,
  Dr.Radhakrishnan Salai,
  Mylapore, Chennai – 600 004.

2.The Commissioner of Police,
  O/o.Commissioner of Police,
  Vepery, Chennai.

3.The Assistant Commissioner of Police,
  O/o.Assistant Commissioner of Police,
  Madipakkam, Chennai.

4.The Inspector of Police,
  Pallikkaranai Police Station,
  Chennai.                           ...         Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the 4th respondent to register the
petitioner's complaint dated 11.10.2021 and investigate the matter in
accordance with law.




Page No.1 of 4
                                                             Crl.O.P.No.20154 of 2021




                 For Petitioner    :      Mr.R.Soniaglory

                 For Respondents :        Mr.A.Damodaran
                                          Additional Public Prosecutor

                                   ORDER

This petition has been filed to direct the 4 th respondent to register

the petitioner's complaint dated 11.10.2021 and investigate the matter in

accordance with law.

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor 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

Crl.O.P.No.20154 of 2021

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.

4.This Criminal Original Petition is disposed of accordingly.

Index: Yes/No
Internet: Yes/No                                            08.11.2021
sms
To
1.Director General of Police,

O/o.Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.

2.The Commissioner of Police, O/o.Commissioner of Police, Vepery, Chennai.

3.The Assistant Commissioner of Police, O/o.Assistant Commissioner of Police, Madipakkam, Chennai.

4.The Inspector of Police, Pallikkaranai Police Station, Chennai.

Crl.O.P.No.20154 of 2021

M.NIRMAL KUMAR, J.

sms

5.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20154 of 2021

08.11.2021