K.S.Sudhakaran vs The Assistant Commissioner Of ...
2022 Latest Caselaw 9526 Mad

                                                                                 Crl.O.P.No.11798 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 07.06.2022

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                              Crl.O.P.No.11798 of 2022


                K.S.Sudhakaran                                                   ... Petitioner

                                                         Vs.

                1.The Assistant Commissioner of Police,
                  Office of Asst. Commissioner of Police,
                  Ambattur Zone, Ambattur,
                  Chennai District.

                2.The Inspector of Police,
                  Tank Factory Police Station,
                  Ambattur Taluk,
                  Chennai District.
                  Crime No. Not Known of 2022                                     ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct
                the 2nd respondent to register the FIR based on the complaint lodged by the
                petitioner dated 21.04.2022 and direct to file its report within the time frame to
                be fixed by this Hon'ble Court.


                                      For Petitioner           : Mr.S.P.Arthi
                                      For Respondents          : Mr.A.Gokulakrishnan
                                                                 Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.11798 of 2022



                                                       ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent

to register the FIR based on the complaint lodged by the petitioner dated

21.04.2022 and direct to file its report within the time frame to be fixed by this

Hon'ble Court.

2. Heard the learned counsel appearing for the petitioner and the learned

Additional Public Prosecutor appearing on behalf of the respondents.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.11798 of 2022

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 dismissed accordingly.

07.06.2022

rgi/shk Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

To

1.The Assistant Commissioner of Police, Office of Asst. Commissioner of Police, Ambattur Zone, Ambattur, Chennai District.

2.The Inspector of Police, Tank Factory Police Station, Ambattur Taluk, Chennai District.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.11798 of 2022

N. SATHISH KUMAR,J.

rgi/shk

Crl.O.P.No.11798 of 2022

07.06.2022

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