Venkatesh Sang Sani vs State Of Tamil Nadu Rep By Its
2021 Latest Caselaw 20142 Mad

                                                                              Crl.O.P.No.13042 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.13042 of 2021

                     Venkatesh Sang Sani                                       ... Petitioner

                                                         Versus
                     1. State of Tamil Nadu rep by its
                        Commissioner of Police,
                        Greater Chennai, Vepery,
                        Chennai – 600 007.

                     2. The Deputy Commissioner of Police,
                        G3 Police Station,
                        Kilpauk, Chennai – 600 007.

                     3.The Assistant Commissioner of Police,
                       G5-Police Station,
                       Chennai – 600 007.

                     4. The Inspector of Police,
                        G5 Secretariat Colony Police Station,
                        Ayanavaram, Chennai.                                 ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the 4th respondent police to register

                     the petitioner's complaint dated 19.06.2021 and file a FIR.

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.13042 of 2021


                                      For Petitioner    : Mr.S.Illamvaludhi
                                      For Respondents : Mr.A.Damodaran
                                                        Additional Public Prosecutor (Crl.Side)

                                                         ORDER

This petition has been filed to direct the 4th respondent police to

register the petitioner's complaint dated 19.06.2021 and file an FIR.

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

Additional Public Prosecutor (Crl.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

relying upon Sakiri Vasu Case, has categorically held that the High Court

cannot issue any direction for registration of FIR in exercise of its

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13042 of 2021

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

sms/gv

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13042 of 2021

M.NIRMAL KUMAR, J.

sms/gv To

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

2. The Deputy Commissioner of Police, G3 Police Station, Kilpauk, Chennai – 600 007.

3.The Assistant Commissioner of Police, G5-Police Station, Chennai – 600 007.

4. The Inspector of Police, G5 Secretariat Colony Police Station, Ayanavaram, Chennai.

5.The Public Prosecutor, High Court, Madras. Crl.O.P.No.13042 of 2021

30.09.2021

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