K.Kamesh vs The Assistant Commissioner Of ...
2022 Latest Caselaw 6202 Mad

                                                                             Crl.OP.No.6854 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 25.03.2022

                                                     CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.6854 of 2022

                     K.Kamesh                                        ... Petitioner
                                                        Vs.

                     The State Rep. by:
                     1.The Assistant Commissioner of Police,
                       Sembiam Range,
                       Siva Elango Salai, Periyar Nagar West,
                       Perambur, Chennai 600 082.

                     2.The Inspector of Police,
                       K-1, Sembiam Police Station,
                       Paper Mills Road, Bunder Garden,
                       Perambur, Chennai 600 011.                   ...Respondents



                     PRAYER: The Criminal Original Petition is filed under Section 482 of

                     Code of Criminal Procedure, to direct the respondent to register the

                     petitioner's complaint dated 16.03.2022 in the larger interest of Justice

                     and report the same within the time frame fixed by this Court.

                                  For Petitioner    : Mr.S.V.D.Rajendra Prasad
                                  For Respondents : Mr.V.Meganathan,
                                                    Government Advocate (criminal side)

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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.6854 of 2022



                                                           ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondent to register the petitioner's complaint dated

16.03.2022 in the larger interest of Justice and the report the same within

the time frame fixed by this Court.

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

exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble

https://www.mhc.tn.gov.in/judis Crl.OP.No.6854 of 2022

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.

25.03.2022

shk/sai

https://www.mhc.tn.gov.in/judis Crl.OP.No.6854 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

To

1.The Assistant Commissioner of Police, Sembiam Range, Siva Elango Salai, Periyar Nagar West, Perambur, Chennai 600 082.

2.The Inspector of Police, K-1, Sembiam Police Station, Paper Mills Road, Bunder Garden, Perambur, Chennai 600 011.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.6854 of 2022

25.03.2022

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