Rjv Kaiwar vs The Inspector Of Police
2021 Latest Caselaw 19674 Mad

                                                                                 Crl.O.P.No.17182 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 24.09.2021

                                                         CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                  Crl.O.P.No.17182 of 2021

                     RJV Kaiwar                                                   ... Petitioner

                                                             Versus

                     1.The Inspector of Police,
                       J2-Adyar Police Station,
                       LB Road, Adyar,
                       Chennai 600020.

                     2.C.K.Sridhar.                                               ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 1st respondent to register a
                     case and order investigation against the 2nd respondent based on my
                     complaint dated 04-07-2021 in CSR No.191/2021 on the file of the J-2
                     Adyar Police Station, Chennai-20 and as per the order dated 17-08-2021
                     made in Crl.M.P.No.276 of 2021 on the file of the IX Metropolitan
                     Magistrate Court, Saidapet.


                                       For Petitioner    :       Mr.S.Thirumavalavan.


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.17182 of 2021


                                      For Respondents :        Mr.R.Vinoth Raja,
                                                               Government Advocate (crl.side)
                                                               for respondent R1.
                                                           *****
                                                          ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 04.07.2021

pending on the file of the respondent Police.

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

Government Advocate (crl.side) appearing on behalf of the respondent.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.17182 of 2021

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.

24.09.2021 Index: Yes/No Internet: Yes/No

mpl

To

The Inspector of Police, J2-Adyar Police Station, LB Road, Adyar, Chennai 600020.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.17182 of 2021

M.NIRMAL KUMAR, J.

mpl

CRL.O.P.No.17182 of 2021

24.09.2021

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