Pine Flat Owners Welfare ... vs The Commissioner Of Police
2022 Latest Caselaw 6604 Mad

                                                                          Crl.P.No.7198 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 30.03.2022

                                                    CORAM:

                      THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.7198 of 2022


                Pine Flat Owners Welfare Association
                Rep. by its President Mr.Ganapathy Suresh,
                Pine Block, Orchid Springs,
                Water Canal Road, Korattur,
                Chennai 600 076.                                         ... Petitioner

                                                       Vs

                1.The Commissioner of Police,
                Avadi Commissionerate,
                Greater Chennai Police,
                Chennai 600 058.

                2.The Assistant Commissioner of Police,
                CTH Road, Ambattur,
                Chenai 600 053.

                3.The Inspector of Police,
                T3, Korattur Police Station,
                Korattur, Chennai.

                4.Alliance Projects
                by its Managing Director,
                No.36/1, Gandhi Mandapam Road,
                Kotturpuram, Chennai 600 085.                          ... Respondents



                1/4
https://www.mhc.tn.gov.in/judis
                                                                                     Crl.P.No.7198 of 2022

                Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the

                Respondents 1 to 3 herein to register FIR on the Petitioner's complaint dated

                09.01.2022 and proceed against the 4th Respondent and its staff, employees and

                subordinates in manner known to law.


                                  For Petitioner      : Mr.R.Amizthu

                                  For Respondents     : Mr.V.Meganathan,
                                                        Government Advocate (Crl.side)

                                                          ORDER

This Criminal Original Petition has been filed to direct the

Respondents 1 to 3 to register FIR on the Petitioner's complaint dated

09.01.2022 and proceed against the 4th Respondent and its staff, employees and

subordinates.

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

https://www.mhc.tn.gov.in/judis Crl.P.No.7198 of 2022

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.

4. This Criminal Original Petition is disposed of accordingly.

30.03.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order

shk/sai

To

1.The Commissioner of Police, Avadi Commissionerate, Greater Chennai Police, Chennai 600 058.

https://www.mhc.tn.gov.in/judis Crl.P.No.7198 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

2.The Assistant Commissioner of Police, CTH Road, Ambattur, Chenai 600 053.

3.The Inspector of Police, T3, Korattur Police Station, Korattur, Chennai.

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

Crl.O.P.No.7198 of 2022

30.03.2022

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