M.Ashokan vs The Commissioner Of Police
2021 Latest Caselaw 22145 Mad

                                                                             Crl.O.P.No.20376 of 2021


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 10.11.2021

                                                   CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                           Crl.O.P.No.20376 of 2021

                     M.Ashokan                                                ... Petitioner

                                                     Versus

                     1.The Commissioner of Police
                       O/o.the Commissioner of Police
                       Vepery
                       Chennai 600 007.

                     2.The Inspector of Police
                       Central Crime Branch, Chennai
                       Vepery
                       Chennai 600 007.                                    ... Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to issue a direction to the respondents
                     to register a case dated 02.07.2021 against the above said Krishna
                     Kumar and his wife Mrs.Vijayalakshmi by conducting a fair
                     investigation and file a report for the perusal of the Court.

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.20376 of 2021




                                      For Petitioner    : Mr.MA.Gouthaman

                                      For Respondents : Mr.A.Damodaran
                                                        Additional Public Prosecutor


                                                        ORDER

This petition has been filed to issue a direction to the

respondents to register a case dated 02.07.2021 against the above

said Krishna Kumar and his wife Mrs.Vijayalakshmi by conducting

a fair investigation and file a report for the perusal of the Court.

2. Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20376 of 2021

(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 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.

10.11.2021 Index: Yes/No Internet: Yes/No dna

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20376 of 2021

M.NIRMAL KUMAR, J.

dna

To

1.The Commissioner of Police O/o.the Commissioner of Police Vepery Chennai 600 007.

2.The Inspector of Police Central Crime Branch, Chennai Vepery Chennai 600 007.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.20376 of 2021

10.11.2021

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