Jahufar Sathik vs The Commissioner Of Police
2022 Latest Caselaw 4416 Mad

                                                                1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 07.03.2022

                                                            CORAM

                             THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                     Crl.O.P.No.5102 of 2022

                Jahufar Sathik,
                S/o.Mohammed Faruk                                                ... Petitioner


                                                              Vs.

                1.The Commissioner of Police,
                  Avadi, Chennai.

                2. State Represented by
                   The Inspector of Police,
                   T-2, Ambattur Industrial Estate Police Station,
                   Chennai – 600 058.                                          ... Respondents



                PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to
                direct the third respondent to register the petitioner's complaint dated
                21.02.2022.


                                    For Petitioner            : Mr.S.Suresh

                                    For Respondents           : Mr.V.Meghanathan
                                                                Government Advocate (criminal side)




https://www.mhc.tn.gov.in/judis
                                                           2

                                                    ORDER

This Criminal Original Petition has been filed, to direct the third

respondent to register the petitioner's complaint dated 21.02.2022.

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

Government Advocate (criminal side) for the respondents 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 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. https://www.mhc.tn.gov.in/judis

07.03.2022 Index :Yes/No Internet : Yes/No Speaking order/Non-speaking order

shk/arb

To

1.The Commissioner of Police, Avadi, Chennai.

2.The Inspector of Police, T-2, Ambattur Industrial Estate Police Station, Chennai – 600 058.

3.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis A.D.JAGADISH CHANDIRA,J.

shk/arb

Crl.O.P.No.5102 of 2022

07.03.2022

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