V.A.N.V.Prasad vs The Deputy Commissioner Of Police
2022 Latest Caselaw 8528 Mad

                                                                              Crl.OP.No.9144 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.9144 of 2022


                     V.A.N.V.Prasad                                            ... Petitioner

                                                         Vs.

                     1.The Deputy Commissioner of Police,
                       Office of the Deputy Commissioner of Police,
                       T Nagar,
                       Chennai 600 017.

                     2.The Assistant Commissioner of Police,
                       Office of the Assistant Commissioner of Police,
                       Teynampet,
                       Chennai 600 006.

                     3.The Inspector of Police,
                       E-3 Police Station,
                       Teynampet,
                       Chennai 600 006.                                  ...Respondents


                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the third respondent to register the
                     FIR based on the complaint sent by the petitioner on 05.04.2022.



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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.9144 of 2022

                                        For Petitioner     : Mr.G.Mohana Krishnan

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

                                                       ORDER

The Criminal Original Petition has been filed seeking for a

direction to the third respondent to register the FIR based on the

complaint sent by the petitioner on 05.04.2022.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.9144 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.

22.04.2022

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

shk/sai

To

1.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, T Nagar, Chennai 600 017.

2.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Teynampet, Chennai 600 006.

https://www.mhc.tn.gov.in/judis Crl.OP.No.9144 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

3.The Inspector of Police, E-3 Police Station, Teynampet, Chennai 600 006.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9144 of 2022

22.04.2022

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