K.Nithyanandam vs The Commissioner Of Police
2022 Latest Caselaw 9319 Mad

                                                                                      Crl.O.P.No.10393 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 18.05.2022

                                                           CORAM

                        THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                   Crl.O.P.No.10393 of 2022


                K.Nithyanandam                                                           ... Petitioner

                                                             Vs.

                1.The Commissioner of Police,
                  Greater Chennai Police,
                  No.132, Commissioner Office Building,
                  EVK Sampath Road,
                  Vepery, Chennai – 600 007.

                2.The Inspector of Police,
                  Central Criminal Branch-1,
                  No.132, Commissioner Office Building,
                  Vepery, Chennai – 600 007.                                            ... Respondents

                Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to direct the
                respondents to register the FIR based on the petitioner's complaint dated
                17.08.2021.

                                  For Petitioner                   : Mr.K.Sasindran

                                  For Respondents                  : Mr.E.Raj Thilak
                                                                     Additional Public Prosecutor

                                                           ORDER

https://www.mhc.tn.gov.in/judis This Criminal Original Petition has been filed to direct the respondents to

register the FIR based on the petitioner's complaint dated 17.08.2021. Crl.O.P.No.10393 of 2022

2.Heard the learned counsel 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

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 of 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 Division Bench in the order referred

supra.

This Criminal Original Petition is disposed of accordingly.

18.05.2022 Internet:Yes https://www.mhc.tn.gov.in/judis Index :Yes/No Speaking Order/Non-speaking Order ssr Crl.O.P.No.10393 of 2022

To

1.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai – 600 007.

2.The Inspector of Police, Central Criminal Branch-1, No.132, Commissioner Office Building, Vepery, Chennai – 600 007.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10393 of 2022

N. ANAND VENKATESH, J.

ssr

Crl.O.P.No.10393 of 2022

18.05.2022 https://www.mhc.tn.gov.in/judis