K.Akash Mehta vs The State
2022 Latest Caselaw 472 Mad

                                                                           Crl.O.P.No.250 of 2022


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED :07.01.2022

                                                  CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                            Crl.O.P.No.259 of 2022

                     K.Akash Mehta                                        ... Petitioner

                                                    Versus

                     1. The State
                        Represented by the Superintendent of Police,
                        Tiruvallur District,
                        Master Plan Complex, Near Collector Office,
                        Thiruvallur-602001.

                     2. The State,
                        Represented by the Inspector of Police,
                        E-5 Sholavaram Police Station,
                        Sholavaram,
                        Chennai-600 067.                                 ... Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents to register the
                     complaint dated 01.10.2021 preferred by the petitioner against
                     Mr.Kannabiran and others to the 2nd Respondent and investigate the

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.250 of 2022


                     same in accordance with law.




                                      For Petitioner    :     Mr.M.Arvind Kumar

                                      For Respondents :       Mr.R.Vinothraja
                                                              Government Advocate (Crl.side)

                                                        ORDER

This petition has been filed to direct the respondents to

register the complaint dated 01.10.2021 preferred by the petitioner

against Mr.Kannabiran and others to the 2nd Respondent and

investigate the same in accordance with law.

2. Heard the learned counsel for the petitioner and the

learned Government Advocate (Crl.side) on behalf of the

respondents.

3. This petition is not maintainable, in view of the Order

passed by a Division Bench of this Court in G.Prabhakaran v. The

https://www.mhc.tn.gov.in/judis Crl.O.P.No.250 of 2022

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 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 of 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 Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of

accordingly.

10.01.2022 Index: Yes/No Internet: Yes/No arr

https://www.mhc.tn.gov.in/judis Crl.O.P.No.250 of 2022

M.NIRMAL KUMAR, J.

arr

To

1.The Superintendent of Police, Tiruvallur District, Master Plan Complex, Near Collector Office, Thiruvallur-602001.

2. The State, Represented by the Inspector of Police, E-5 Sholavaram Police Station, Sholavaram, Chennai-600 067.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.250 of 2022

10.01.2022

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