Madras High Court
S.Rajamani vs Deputy Commissioner Of Police on 1 October, 2021
CRL.O.P.No.17504 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.17504 of 2021
S.Rajamani
W/o.Saathurak ...Petitioner
Versus
1.Deputy Commissioner of Police ,
Anna Nagar Police Range,
Anna Nagar, Chennai-40.
2.The Inspector of Police,(L/O)
K-8, Arumbakkam Police Station,
Arumbakkam, Chennai-600 106 ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the 2nd Respondent police to
register a case on the complaint lodged by the petitioner on 18.12.2020
in CSR.No.402 of 2020 to the 2nd respondent on the file of the Inspector
of Police, K-8 Arumbakkam Police Station, Chennai and investigate into
the matter and file a final report before this Hon'ble Court.
Page No.1 of 4
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17504 of 2021
For Petitioner : Mr.V.Devendhiran
For Respondents : Mr.R.Vinothraja
Gov. Advocate (Crl.Side)
ORDER
(This case has been heard through video conference)
This petition has been filed to direct the 2nd respondent Police to
register a case based on the petitioner's complaint dated 18.12.2020
pending on the file of the 2nd respondent Police.
2.Heard the learned counsel for the petitioner and the learned
Government Advocate (Criminal side) 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
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17504 of 2021
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.
01.10.2021
Index: Yes/No
Internet: Yes/No
rpp/nr
To
1.Deputy Commissioner of Police ,
Anna Nagar Police Range,
Anna Nagar, Chennai-40.
2.The Inspector of Police,(L/O)
K-8, Arumbakkam Police Station,
Arumbakkam, Chennai-600 106
3. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17504 of 2021
M.NIRMAL KUMAR, J.
rpp/nr
CRL.O.P.No.17504 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis/
