L.Srinivas Krishna vs The State Rep By Its
2021 Latest Caselaw 20150 Mad

                                                                                Crl.O.P.No.11881 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.11881 of 2021

                     L.Srinivas Krishna                                             ... Petitioner

                                                            Versus
                     1.The State Rep by its
                       Commissioner of Police,
                       Greater Chennai City,
                       Vepery,
                       Chennai – 600 007.

                     2.The Inspector of Police,
                       Central Crime Branch (C.C.B)
                       Vepery,
                      Chennai – 60 007.                                        ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the 2nd respondent police to

                     register the petitioner's complaint dated 29.03.2021 and file a FIR.



                                       For Petitioner   :       Mr.A.Ilayaperumal

                                       For Respondents :        Mr.A.Damodaran,

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                Crl.O.P.No.11881 of 2021


                                                              Additional Public Prosecutor
                                                          *****

                                                         ORDER

This petition has been filed to direct the 2nd respondent police to

register the petitioner's complaint dated 29.03.2021 and file a FIR.

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

Additional Public Prosecutor 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

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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.11881 of 2021

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

To

1.The State Rep by its Commissioner of Police, Greater Chennai City, Vepery, Chennai – 600 007.

2.The Inspector of Police, Central Crime Branch (C.C.B) Vepery, Chennai – 60 007.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.11881 of 2021

M.NIRMAL KUMAR, J.

sms/gv

CRL.O.P.No.11881 of 2021

30.09.2021

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