A.Rajesh vs The Commissioner Of Police
2021 Latest Caselaw 21550 Mad

                                                          W.P.No.23063 of 2021


           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                          DATED : 27.10.2021

                                CORAM:

            THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                         W.P.No.23063 of 2021

A.Rajesh                                                ... Petitioner

                                Versus

1.The Commissioner of Police,
  Greater Chennai,
  Vepery, Chennai – 600 007.

2.The State,
  Rep. by the Inspector of Police (Crime),
  J-8, Neelankarai Police Station,
  Neelankarai, Chennai – 600 041.

3.K.S.Prakash
4.K.S.Sreedhar
5.V.Venkatraj
6.Kannan                                                 ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the first respondent herein
to order investigation on the petitioner's complaint dated 08.09.2021 and
proceed further in accordance with law.


Page No.1 of 4
                                                              W.P.No.23063 of 2021


                 For Petitioner   : Mr.J.Ashok

                 For R1 & R2      : Mr.A.Damodaran
                                    Additional Public Prosecutor
                                   *****
                                  ORDER

This Writ Petition is filed to direct the first respondent herein to

order investigation on the petitioner's complaint dated 08.09.2021 and

proceed further in accordance with law.

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

learned Government Advocate (Crl.Side) appearing on behalf of the

respondent police.

3This 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

W.P.No.23063 of 2021

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 Writ Petition is disposed of accordingly. However, there

shall be no order as to costs.

27.10.2021 Index: Yes/No Internet: Yes/No ah

To

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai – 600 007.

2.The Inspector of Police (Crime), J-8, Neelankarai Police Station, Neelankarai, Chennai – 600 041.

3.The Public Prosecutor, High Court, Madras.

W.P.No.23063 of 2021

M.NIRMAL KUMAR, J.

ah

W.P.No.23063 of 2021

27.10.2021