M.Yusuf Khan vs The Commissioner Of Police
2021 Latest Caselaw 20840 Mad

                                                                                Crl.O.P.No.18378 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 08.10.2021

                                                       CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                Crl.O.P.No.18378 of 2021

                     M.Yusuf Khan                                                   ... Petitioner

                                                           Versus
                     1. The Commissioner of Police
                        Greater Chennai,
                        Vepery, Chennai 600 003

                     2. The Joint Commissioner,
                        Chennai North, B1 Police Station,
                        Chennai-600 001.

                     3. The Inspector of Police
                        N2,Crime, Royapuram
                        Chennai-600 013.                                        ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register the FIR
                     in the complaint given by the petitioner herein on 08.10.2020..
                                       For Petitioner  :       Mr.M.Soundar Vijay Arul Ram
                                       For Respondents :       Mr.R.Vinoth Raja,
                                                               Government Advocate (crl.side)

                                                           *****


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.18378 of 2021




                                                         ORDER

This petition has been filed to direct the 3rd respondent Police to

register a case based on the petitioner's complaint dated 08.10.2020.

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

Government Advocate (crl.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

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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18378 of 2021

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.

08.10.2021 Index: Yes/No Internet: Yes/No

mpl

To

1. The Commissioner of Police Greater Chennai, Vepery, Chennai 600 003.

2. The Joint Commissioner, Chennai North, B1 Police Station, Chennai-600 001.

3. The Inspector of Police N2,Crime, Royapuram Chennai-600 013.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18378 of 2021

M.NIRMAL KUMAR, J.

mpl

CRL.O.P.No.18378 of 2021

08.10.2021

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