R.Rajkumar vs The Commissioner Of Police
2022 Latest Caselaw 8524 Mad

                                                                           Crl.OP.No.9208 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED :22.04.2022

                                                     CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                            Crl.O.P.No.9208 of 2022

                     R.Rajkumar
                     Secretary
                     The Madras Flying Club Ltd.,
                     IOSA Auditor
                     ISO 9001:2015 Lead Auditor
                     Chennai Airport, Chennai 600027
                     Residing at
                     M14/20, Navabharath Colony,
                     2nd Street, Besant Nagar,
                     Chennai 600090.                                        ... Petitioner
                                                       Vs.

                     1.The Commissioner of Police,
                       Vepery,
                       Chennai 600 005.

                     2.The Joint Commissioner of Police (South)
                       St. Thomas Mount Range,
                       Chennai 600 016.

                     3.The Deputy Commissioner of Police,
                       St.Thomas Mount Range,
                       Chennai 600 016.

                     4.The Inspector of Police,
                       S2, Airport Police Station,
                       Chennai 600 027.                               ...Respondents

                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.9208 of 2022

                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the respondent to take the
                     appropriate Action under IPC against the accused as submitted in the
                     Affidavit          bearing     the    Complaint     No.248/COP/PG/2017            &
                     498/ADDLCOP/S/HO/2017.

                                        For Petitioner     : Mr.R.Rajkumar, Party-in-Person

                                        For Respondents : Mr.A.Gokulakrishnan
                                                          Additional Government Pleader

                                                           ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondent to take the appropriate Action under IPC

against the accused as submitted in the Affidavit bearing the Complaint

No.248/COP/PG/2017 & 498/ADDLCOP/S/HO/2017.

2. Heard the party-in-person and the learned Additional

Government Pleader 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.

https://www.mhc.tn.gov.in/judis Crl.OP.No.9208 of 2022

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 party-in-person to

workout his remedy as per the directions issued by the Hon'ble Division

Bench in the order referred supra by filing appropriate petition under

Section 156(3) before the jurisdictional Court.

4. This Criminal Original Petition is disposed of accordingly.

22.04.2022

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

shk/sai

https://www.mhc.tn.gov.in/judis Crl.OP.No.9208 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk To

1.The Commissioner of Police, Vepery, Chennai 600 005.

2.The Joint Commissioner of Police (South) St.Thomas Mount Range, Chennai 600 016.

3.The Deputy Commissioner of Police, St.Thomas Mount Range, Chennai 600 016.

4.The Inspector of Police, S2, Airport Police Station, Chennai 600 027.

5.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9208 of 2022

22.04.2022

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