V.Suresh vs The Commissioner Of Police
2022 Latest Caselaw 8300 Mad

                                                                             Crl.OP.No.8851 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED :20.04.2022

                                                     CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.8851 of 2022

                     V.Suresh                                          ... Petitioner

                                                        Vs.

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

                     2.The Inspector of Police,
                       K8 Arumbakkam Police Station,
                       Chennai 600 106.                                ...Respondents

                     PRAYER: The Criminal Original Petition is filed under Section 482 of

                     Code of Criminal Procedure, to direct the second respondent to register

                     the FIR on the basis of the petitioner's complaint dated 02.02.2022.


                                  For Petitioner     : Ms.R.Aparna
                                  For Respondents : Mr.A.Gokulakrishnan,
                                                    Additional Public Prosecutor


                                                     ORDER

https://www.mhc.tn.gov.in/judis Crl.OP.No.8851 of 2022

The Criminal Original Petition has been filed seeking for a

direction to the second respondent to register the FIR on the basis of the

petitioner's complaint dated 02.02.2022.

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

Government Advocate (crl. 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 Cr.P.C., and

Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to workout

https://www.mhc.tn.gov.in/judis Crl.OP.No.8851 of 2022

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.

20.04.2022

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

shk/sai

https://www.mhc.tn.gov.in/judis Crl.OP.No.8851 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk To

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

2.The Inspector of Police, K8 Arumbakkam Police Station, Chennai 600 106.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8851 of 2022

20.04.2022

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