Madras High Court
D. Ashokkumar vs The Commissioner Of Police on 21 October, 2021
CRL.O.P.No.19241 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.19241 of 2021
D. Ashokkumar ... Petitioner
Versus
1.The Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
EVK Sampath Road,
Vepery,
Chennai – 600007.
2.The Inspector of Police,
K-1, Sembiam Police Station,
Perambur,
Chennai – 600011. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the 2nd respondent here in viz. The
Inspector of Police, K-1, Sembiam Police Station, Perambur, Chennai –
600011, register the complaint dated 11.09.2021 preferred by the
petitioner and conduct proper enquiry in accordance with law.
Page No.1 of 4
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.19241 of 2021
For Petitioner : Mr.T.Parthiban
For Respondents : Mr.R.Vinothraja
Government Advocate (Crl.Side)
ORDER
This petition has been filed to direct the 2nd respondent here
in viz. The Inspector of Police, K-1, Sembiam Police Station, Perambur,
Chennai – 600011, and also to register the complaint dated 11.09.2021
preferred by the petitioner and conduct proper enquiry in accordance
with law.
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.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.19241 of 2021
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 directions issued by the Division Bench in the
order referred supra.
4. This Criminal Original Petition is disposed of
accordingly.
21.10.2021
Index : Yes/No
Internet : Yes/No
Jeni
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.19241 of 2021
M.NIRMAL KUMAR, J.
Jeni
To
1.The Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
EVK Sampath Road,
Vepery,
Chennai – 600007.
2.The Inspector of Police,
K-1, Sembiam Police Station,
Perambur,
Chennai – 600011.
CRL.O.P.No.19241 of 2021
21.10.2021
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.19241 of 2021
https://www.mhc.tn.gov.in/judis/
