Selvam vs Commissioner Of Police
2022 Latest Caselaw 6883 Mad

                                                                           Crl.O.P.No.7510 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 01.04.2022

                                                      CORAM

                      THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                            Crl.O.P.No.7510 of 2022

                Selvam                                                             ... Petitioner

                                                       Vs.

                1.Commissioner of Police,
                  Vepperi,
                  Chennai-600007.

                2.Inspector of Police,(Crime)
                  R-1 Police Station,
                  T.Nagar,
                  Chennai – 17.                                                 ... Respondents


                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,

                to direct the second respondent to register a FIR based on a complaint of the

                petitioner dated 24-09-2021 and investigate the same.



                                     For Petitioner    : Mr.M.Velmurugan

                                     For Respondents : Mr.V.Meganathan,
                                                       Government Advocate (crl.side)



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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.7510 of 2022




                                                          ORDER

This Criminal Original Petition has been filed seeking for a direction

to the second respondent to register a FIR based on a complaint of the

petitioner dated 24-09-2021 and investigate the same.

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

Government Advocate (criminal side) and perused the materials available on

record.

3. This petition is not maintainable, in view of the Order passed by a

Hon'ble 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's 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 the alternative remedy provided under Section 154 (3) of

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7510 of 2022

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 Hon'ble Division Bench

in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

01.04.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order

mpl/sai

To

1.The Commissioner of Police, Vepperi, Chennai-600007.

2.Inspector of Police,(Crime) R-1 Police Station, T.Nagar, Chennai – 17.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7510 of 2022

A.D.JAGADISH CHANDIRA.,J

mpl

Crl.O.P.No.7510 of 2022

01.04.2022

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