P.K.Prabavathy vs The Deputy Commissioner Of Police
2022 Latest Caselaw 7106 Mad

                                                                             Crl.OP.No.7720 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 05.04.2022

                                                      CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.7720 of 2022

                     P.K.Prabavathy                                           ... Petitioner

                                                      Vs.
                     1.The Deputy Commissioner of Police,
                       Office of the Deputy Commissioner of Police,
                       Mambalam, Chennai.

                     2.The Inspector of Police,
                       Office of the Inspector of Police,
                       R-4, Pondy Bazaar Police Station,
                       T.Nagar, Chennai.                                     ...Respondents

                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the second respondent to register
                     the case in view of the petitioner's complaint dated 03.01.2022 in view of
                     the CSR No.10 of 2022 on the file of the second respondent and followed
                     by representation made by the petitioner on 01.03.2022 and file final
                     report within stipulated time.

                                  For Petitioner      : Mr.S.Arivazhagan
                                  For Respondents : Mr.V.Meganathan,
                                                    Government Advocate (criminal side)


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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.7720 of 2022

                                                           ORDER

The Criminal Original Petition has been filed seeking for a

direction to the second respondent to register the case in view of the

petitioner's complaint dated 03.01.2022 and CSR No.10 of 2022 on the

file of the second respondent and followed by representation made by the

petitioner on 01.03.2022 and file the final report.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.7720 of 2022

Supreme Court held that the informant has to necessarily avail 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 Hon'ble Division Bench in

the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

05.04.2022 Index:Yes/No Internet:Yes/No Speaking order/Non speaking order

shk/sai

https://www.mhc.tn.gov.in/judis Crl.OP.No.7720 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk To

1.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Mambalam, Chennai.

2.The Inspector of Police, Office of the Inspector of Police, R-4, Pondy Bazaar Police Station, T.Nagar, Chennai.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.7720 of 2022

05.04.2022

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