E.Saravanan vs The State Represented By Its
2022 Latest Caselaw 8797 Mad

                                                                             Crl.OP.No.9461 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 26.04.2022

                                                     CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                            Crl.O.P.No.9461 of 2022

                     E.Saravanan                                             ... Petitioner

                                                        Vs.

                     1.The State represented by its
                       The Commissioner of Police,
                       Office of Commissioner of Police,
                       Avadi, Chennai.

                     2.The Assistant Commissioner of Police,
                       Avadi Range,
                       Avadi.

                     3.The Inspector of Police,
                       Avadi Police Station,
                       Avadi,
                       Chennai 600 054.                                      ...Respondents


                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the third respondent to register the
                     case on the basis of the complaint lodged by the petitioner dated
                     18.12.2021 and further direct the first and second respondents to monitor
                     the investigation.


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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.9461 of 2022




                                        For Petitioner     : Mr.H.Kalpana

                                        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 case on the basis of the

complaint lodged by the petitioner dated 18.12.2021 and further direct

the first and second respondents to monitor the investigation.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.9461 of 2022

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

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.

26.04.2022

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

shk/sai

https://www.mhc.tn.gov.in/judis Crl.OP.No.9461 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk To

1.The State represented by its The Commissioner of Police, Office of Commissioner of Police, Avadi, Chennai.

2.The Assistant Commissioner of Police, Avadi Range, Avadi.

3.The Inspector of Police, Avadi Police Station, Avadi, Chennai 600 054.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9461 of 2022

26.04.2022

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