S.Mariselvam vs The Commissioner Of Police
2022 Latest Caselaw 3563 Mad

                                                                                      Crl.P.No.4301 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.4301 of 2022
                S.Mariselvam                                                        ... Petitioner
                                                              Vs

                1.The Commissioner of Police,
                Greater Chennai, Veppery,
                Chennai 600007.
                2.The Inspector of Police (Crime)
                T 10, Thirumullaivoyal Police Station,
                Chennai 600 062.                                         ... Respondents
                Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct
                the 2nd respondent to register (FIR) based on the Petitioner complaint dated
                08.10.2021.
                                  For Petitioner      : Mr.M.Selvadurai

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

This Criminal Original Petition has been filed seeking for a direction

to the 2nd respondent to register a FIR based on the Petitioner complaint dated

08.10.2021.

2. Heard the learned Government Advocate (criminal side) and

perused the materials available on record.

https://www.mhc.tn.gov.in/judis Crl.P.No.4301 of 2022

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 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

https://www.mhc.tn.gov.in/judis Crl.P.No.4301 of 2022

To

1.The Commissioner of Police, Greater Chennai, Veppery, Chennai 600007.

2.The Inspector of Police (Crime) T 10, Thirumullaivoyal Police Station, Chennai 600 062.

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

https://www.mhc.tn.gov.in/judis Crl.P.No.4301 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.4301 of 2022

24.02.2022

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