P.Sundaresan vs The Commissioner Of Police
2021 Latest Caselaw 20941 Mad

                                                           Crl.O.P.No.18601 of 2021


           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                             DATED : 20.10.2021

                                  CORAM:

                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                           Crl.O.P.No.18601 of 2021

P.Sundaresan                                               ... Petitioner

                                      Versus

1.The Commissioner of Police,
  Chennai.

2.The Assistant Commissioner of Police,
  Vadapalani, Chennai.

3.Inspector of Police,
  R-8 Vadapalani Police Station,
  Vadapalani, Chennai.                            ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the Respondent Police to register
the FIR based on the online Complaint (ref. No. RAP21140618) filed by
the petitioner on 22/09/2021.
                  For Petitioner  :       Mr.V.Logeswaren
                  For Respondents :       Mr.R.Vinothraja,
                                          Government Advocate (crl.side)

                                      *****


Page No.1 of 4
                                                           Crl.O.P.No.18601 of 2021


                                   ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 22.09.2021.

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.

Liberty is given to the petitioner to workout his remedy as per the

Crl.O.P.No.18601 of 2021

directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

20.10.2021 Index: Yes/No Internet: Yes/No

mrp

To

1.The Commissioner of Police, Chennai.

2.The Assistant Commissioner of Police, Vadapalani, Chennai.

3.Inspector of Police, R-8 Vadapalani Police Station, Vadapalani, Chennai.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.18601 of 2021

M.NIRMAL KUMAR, J.

mrp

CRL.O.P.No.18601 of 2021

20.10.2021