S.Mohan vs The Commissioner Of Police
2021 Latest Caselaw 21060 Mad

                                                                             CRL.O.P.No.19250 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.19250 of 2021


                     S.Mohan                                                   ... Petitioner
                                                        Versus

                     1.The Commissioner of Police,
                       Greater Chennai,
                       Vepery,
                       Chennai – 7.

                     2.The Assistant Commissioner of Police,
                       R-8, Vadapalani Police Station Campus,
                       Vadapalani,
                       Chennai –26.

                     3.The Inspector of Police,
                       R-7, K.K.Nagar Police Station,
                       K.K.Nagar,
                       Chennai – 83.                                           ... Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 3rd respondent to register a case
                     based on the petitioner's complaint dated 05.10.2021 and file an F.I.R.


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                               CRL.O.P.No.19250 of 2021




                                      For Petitioner    : Mr.K.C.Senthil Kumar

                                      For Respondents : Mr.R.Vinothraja
                                                       Government Advocate (Crl.Side)


                                                         ORDER

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

register a case based on the petitioner's complaint dated 05.10.2021 and

file an F.I.R.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19250 of 2021

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.19250 of 2021

M.NIRMAL KUMAR, J.

Jeni

To

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai – 7.

2.The Assistant Commissioner of Police, R-8, Vadapalani Police Station Campus, Vadapalani, Chennai –26.

3.The Inspector of Police, R-7, K.K.Nagar Police Station, K.K.Nagar, Chennai – 83.

CRL.O.P.No.19250 of 2021

21.10.2021

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.19250 of 2021

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