Madras High Court
M/S. Spalon India Pvt. Ltd vs The Commissioner Of Police on 29 October, 2021
Crl.OP.No.19976 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.OP.No.19976 of 2021
M/s. Spalon India Pvt. Ltd.,
Rep. by its, Human Resources Manager (HRM0,
J.D.Srinivasa Rao,
Saba House II Floor,
Old No.209/A, New No.130/A,
St.Marys Road,
Alwarpet, Chennai – 600 018. ... Petitioner
Versus
1.The Commissioner of Police,
Greater Chennai,
Vepery Chennai.
2.The Deputy Commissioner of Police,
Mylapore Range,
Mylapore, Chennai.
3.The Inspector of Police,
Abhiramapuram Police Station,
Abhiramapuram, 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. HRS21085148) filed by
the Petitioner on 01.07.2021.
Page No.1 of 5
Crl.OP.No.19976 of 2021
For Petitioner : Mr.V.Logeshwaren
For Respondent : Mr.R.Vinothraja
Government Advocate (Crl.Side)
*****
ORDER
This Criminal Original Petition is filed to direct the Respondent
Police to Register the FIR based on the online Complaint (Ref. No.
HRS21085148) filed by the Petitioner on 01.07.2021.
2.The contention of the petitioner is that the petitioner had lodged
a complaint against one Arul Kumar on 23.12.2020, by Online. Though
the respondent police had issued C.S.R.No. 436 of 2021, no FIR has been
filed. Hence the above petition is filed.
3.The learned Government Advocate [Crl. Side] submits that the
petitioner had lodged a complaint only through online, despite the same
C.S.R.No. 436 of 2021 assigned and the whereabouts of the accused
person named in the complaint is being traced out. The Phone number
Crl.OP.No.19976 of 2021
provided in the complaint is also incorrect. Steps have been taken. If
the petitioner appeared in person before the respondent police with a
copy of the complaint and other particulars with regard to the
whereabouts of the said Arul Kumar and the respondent police will take
appropriate action in that regard.
4.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
directions issued by the Division Bench in the order referred supra.
Crl.OP.No.19976 of 2021
5.This Criminal Original Petition is disposed of accordingly and
the petitioner is directed to appear before the respondent police on
10.11.2021, along with the copy of the complaint and other particulars
with regard to the whereabouts of the said Arul Kumar.
29.10.2021
Index: Yes/No
Internet: Yes/No
ah/skr
To
1.The Commissioner of Police,
Greater Chennai,
Vepery Chennai.
2.The Deputy Commissioner of Police,
Mylapore Range,
Mylapore,
Chennai.
3.The Inspector of Police,
Abhiramapuram Police Station,
Abhiramapuram,
Chennai.
4.The Public Prosecutor,
High Court,
Madras.
Crl.OP.No.19976 of 2021
M.NIRMAL KUMAR, J.
ah/skr
Crl.OP.No.19976 of 2021
29.10.2021
