A.Srinivasan vs The Commissioner Of Police
2022 Latest Caselaw 3787 Mad

                                                                            Crl.OP.No.4537 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 28.02.2022

                                                      CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.4537 of 2022

                     A.Srinivasan                                            ... Petitioner

                                                         Vs.

                     1. The Commissioner of Police,
                        Office of Commissioner of Police,
                        Vepery, Chennai – 600 007.

                     2. The Inspector of Police,
                        K-3, Guindy Police Station,
                        Guindy, Chennai.                                     ...Respondents


                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the respondent police to conduct a
                     proper enquiry on the complaint dated 02.02.2021 acknowledged in CSR
                     No.123 of 2021 on the file of the 2nd respondent and register an FIR
                     based on the complaint dated 02.02.2021 on the file of respondent police.

                                  For Petitioner      : Mr.G.Vijayakumar
                                  For Respondents : Mr.V.Meganathan,
                                                    Government Advocate (criminal side)



                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.4537 of 2022



                                                           ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondent police to conduct a proper enquiry on the

complaint dated 02.02.2021 acknowledged in CSR No.123 of 2021, on

the file of the 2nd respondent and register a FIR based on the complaint

dated 02.02.2021 on the file of respondent police.

2. Heard the learned counsel for the petitioner and 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

https://www.mhc.tn.gov.in/judis Crl.OP.No.4537 of 2022

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.

28.02.2022

shk/sai

To

1. The Commissioner of Police, Office of Commissioner of Police, Vepery, Chennai – 600 007.

2. The Inspector of Police, K-3, Guindy Police Station, Guindy, Chennai.

3.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.4537 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.4537 of 2022

28.02.2022

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