Madras High Court
M/S Muthoot Fincorp Limited vs Commissioner Of Police on 30 September, 2021
CRL.O.P.No.17444 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.17444 of 2021
M/s Muthoot Fincorp Limited
Represented by its Senior Manager-HR,
Mr.William Baskar
New No 55, & old No 16,
Govindan Road, West
Mambalam, Chennai-600033 ... Petitioner
Versus
1.Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
EVK Sampath Road, Vepery,
Chennai-600 007
2.Assistant Commissioner of Police,
Job Racket Wing Team,
Central Crime Branch (Job Racket)
Greater Chennai Police.
3.Sub Inspector of Police,
Job Racket Wing, Team-VIII,
Central Crime Branch,
Chennai. .. Respondents
Page No.1 of 5
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17444 of 2021
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the 2nd respondent to register a
First Information Report dated 01.03.2019, pertaining to the Criminal
complaint filed by the petitioner and commence further investigation.
For Petitioner : Ms.Ramya Subramaniam
For Respondent : Mr.R.Vinothraja
Govt. Advocate (Crl.Side)
ORDER
(This case has been heard through video conference)
This petition has been filed to direct the 2nd respondent Police to
register a case based on the petitioner's complaint dated 01.03.2019
pending on the file of the 2nd respondent Police.
2.Heard the learned counsel for the petitioner and the learned
Government Advocate (Criminal side) appearing on behalf of the
respondents.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17444 of 2021
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
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
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17444 of 2021
To
1.Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
EVK Sampath Road, Vepery,
Chennai-600 007
2.Assistant Commissioner of Police,
Job Racket Wing Team,
Central Crime Branch (Job Racket)
Greater Chennai Police.
3.Sub Inspector of Police,
Job Racket Wing, Team-VIII,
Central Crime Branch,
Chennai.
4. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.17444 of 2021
M.NIRMAL KUMAR, J.
rpp/nr
CRL.O.P.No.17444 of 2021
30.09.2021
https://www.mhc.tn.gov.in/judis/
