Bharath Govindaraj vs The Deputy Commissioner Of Police
2022 Latest Caselaw 9554 Mad

                                                                              Crl.O.P.No.11741 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.11741 of 2022


                Bharath Govindaraj                                             ... Petitioner

                                                      Vs.

                1.The Deputy Commissioner of Police,
                  Office of the Deputy Commissioner of Police,
                  Old Municipality Building,
                  1st Floor, Avadi,
                  Chennai - 600 054.

                2.The Assistant Commissioner of Police,
                  SRMC Police Station,
                  72, Pillayar Koil St, Moovendhar Nagar,
                  Lakshmi Nagar, Porur,
                  Chennai - 600 125.

                3.The Inspector of Police,
                  T-14, Mangadu Police Station,
                  Mangadu,
                  Chennai - 600 122.                                           ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct
                the respondents to take up the complaint sent on 16.05.2022 intimating about


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https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.11741 of 2022

                the complaint dated 15.02.2022 and subsequently direct the 3rd respondent to
                register the FIR based on the complaint sent by the petitioner to the respondents
                against one Bhavani.


                                      For Petitioner            : Mr.G.Mohana Krishnan
                                      For Respondents           : Mr.A.Gokulakrishnan
                                                                  Additional Public Prosecutor


                                                        ORDER

This Criminal Original Petition has been filed to direct the respondents to

take up the complaint sent on 16.05.2022 intimating about the complaint dated

15.02.2022 and subsequently direct the 3rd respondent to register the FIR based

on the complaint sent by the petitioner to the respondents against one Bhavani.

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

Additional Public Prosecutor appearing on behalf of the respondents.

3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing

for the respondent submit that based on the complaint given by the petitioner,

enquiry is pending in CSR No.289 of 2022.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.11741 of 2022

4. 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.

5. Accordingly, this Criminal Original Petition is dismissed and a

direction is issued to the respondent police to conduct enquiry legally if prima

facie case is made out.

07.06.2022

rgi/shk Index :Yes/No Internet:Yes/No

https://www.mhc.tn.gov.in/judis Crl.O.P.No.11741 of 2022

N. SATHISH KUMAR,J.

rgi/shk

To

1.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Old Municipality Building, 1st Floor, Avadi, Chennai - 600 054.

2.The Assistant Commissioner of Police, SRMC Police Station, 72, Pillayar Koil St, Moovendhar Nagar, Lakshmi Nagar, Porur, Chennai - 600 125.

3.The Inspector of Police, T-14, Mangadu Police Station, Mangadu, Chennai - 600 122.

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

Crl.O.P.No.11741 of 2022

07.06.2022

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