E.Miller vs The Commissioner Of Police
2022 Latest Caselaw 8429 Mad

                                                                             Crl.OP.No.9050 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED :21.04.2022

                                                     CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.9050 of 2022

                     E.Miller                                          ... Petitioner
                                                        Vs.

                     1.The Commissioner of Police,
                       Avadi – Commissioner Office,
                      Commissioner Office Avadi,
                      Avadi, Chennai 600 054.

                     2.The Assistant Commissioner of Police,
                       The Assistant Commissioner Office,
                       S.R.M.C. Police Station,
                       Iyyapanthangal, Chennai 600 056.

                     3.The Inspector of Police,
                       T-14, Managadu Police Station,
                       Mangadu, Chennai 600 122.                       ...Respondents

                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the respondent to register a case
                     based on the complaint dated 29.03.2022 of the petitioner.
                                  For Petitioner    : Mr.J.Senthamilarasu
                                  For Respondents : Mr.V.Meganathan,
                                                    Government Advocate (crl.side)


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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.9050 of 2022



                                                       ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondent to register a case based on the complaint

dated 29.03.2022 of the petitioner.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.9050 of 2022

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.

21.04.2022

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

shk/sai

https://www.mhc.tn.gov.in/judis Crl.OP.No.9050 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

To

1.The Commissioner of Police, Avadi – Commissioner Office, Commissioner Office Avadi, Avadi, Chennai 600 054.

2.The Assistant Commissioner of Police, The Assistant Commissioner Office, S.R.M.C. Police Station, Iyyapanthangal, Chennai 600 056.

3.The Inspector of Police, T-14, Managadu Police Station, Mangadu, Chennai 600 122.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9050 of 2022

21.04.2022

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