P.Suriyakumar vs The Deputy Commissioner Of
2021 Latest Caselaw 20108 Mad

                                                                                 Crl.O.P.No.17380 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 30.09.2021

                                                           CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                  CRL.O.P.No.17380 of 2021

                     P.Suriyakumar,
                     S/o. Parameshwaran                                           .. Petitioner

                                                           Versus

                     1. The Deputy Commissioner of
                          Police,
                        T.Nagar Range, T.Nagar,
                        Chennai.

                     2. The Inspector of Police,
                        R-4 Soundarapandiyanar Angadi Police Station,
                        T. Nagar, Chennai.                                        ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to register a case on the complaint lodged

                     by the petitioner on 17.03.2020 in CSR No.56 of 2020 to the 2 nd

                     respondent        on   the    file   of   The   Inspector   of   Police,      R-4

                     Soundarapandiyanar Angadi Police Station and investigate into the

                     matter and file a final report before this Hon'ble Court.

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.17380 of 2021


                                      For Petitioner    :     Mr.V.Devendhiran

                                      For Respondents :       Mr.R.Vinoth Raja
                                                              Govt. Advocate (Crl.side)

                                                        ORDER

(This case has been heard through video conference)

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 17.03.2020

pending on the file of the 2nd respondent Police.

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

the learned Government Advocate (Criminal 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 CTC 464, after

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.17380 of 2021

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.

30.09.2021 Index: Yes/No Internet: Yes/No rpp/nr

To

1. The Deputy Commissioner of Police, T.Nagar Range, T.Nagar, Chennai.

2. The Inspector of Police, R-4 Soundarapandiyanar Angadi Police Station, T. Nagar, Chennai.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.17380 of 2021

M.NIRMAL KUMAR, J.

rpp/nr

CRL.O.P.No.17380 of 2021

30.09.2021

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