T.A.Balachandran vs The Commissioner Of Police
2022 Latest Caselaw 3560 Mad

                                                                             Crl.P.No.4334 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 24.02.2022

                                                    CORAM:

                      THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.4334 of 2022

                T.A.Balachandran                                           ... Petitioner
                                                       Vs

                1.The Commissioner of Police,
                No.132, E.V.K.Sampath Road,
                Vepery, Chennai 600 007.

                2.The Deputy Commissioner of Police (North)
                Beach Road,
                Chennai 600 001.

                3.The Assistant Commissioner of Police,
                Flower Bazaar Range,
                Flower Bazaar,
                Chennai 600 001.

                4.Inspector of Police,
                C3, Seven Wells Police Station,
                Chennai 600 001.                                           ... Respondents

                Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct
                the 4th respondent to register a case based on the petitioner's complaint dated
                04.12.2020 against K.Sridhar, K.Konthandapani, K.Manivannan, M.Prabhuram
                and Kasthuri Thilagam and investigate and pass such or other orders.



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https://www.mhc.tn.gov.in/judis
                                                                                      Crl.P.No.4334 of 2022

                                  For Petitioner      : Mr.MA.Gouthaman

                                  For Respondents    : Mr.V.Meganathan
                                                       Government Advocate (Crl. Side)


                                                          ORDER

This Criminal Original Petition has been filed seeking for a direction

to the 4th respondent to register a case based on the petitioner's complaint dated

04.12.2020 against K.Sridhar, K.Konthandapani, K.Manivannan, M.Prabhuram

and Kasthuri Thilagam and investigate.

2. Heard the learned Government Advocate (criminal 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

https://www.mhc.tn.gov.in/judis Crl.P.No.4334 of 2022

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.

24.02.2022

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

shk/sai

To

1.The Commissioner of Police, No.132, E.V.K.Sampath Road, Vepery, Chennai 600 007.

2.The Deputy Commissioner of Police (North) Beach Road, Chennai 600 001.

3.The Assistant Commissioner of Police, Flower Bazaar Range, Flower Bazaar, Chennai 600 001.

https://www.mhc.tn.gov.in/judis Crl.P.No.4334 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

4.Inspector of Police, C3, Seven Wells Police Station, Chennai 600 001.

5.The Public Prosecutor, Madras High Court, Madras.

Crl.O.P.No.4334 of 2022

24.02.2022

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