Madras High Court
E.N.Ananda Prasad vs The Commissioner Of Police on 18 August, 2023
Writ Petition No.24327 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.24327 of 2023
E.N.Ananda Prasad,
S/o.Narayanan. ...Petitioner
Vs
1.The Commissioner of Police,
Commissioner Office Building,
EVK Sampath Road, Vepery,
Chennai – 600 007.
2.The Assistant Commissioner of Police,
K-4, Anna Nagar Police Station,
Chennai – 40.
3.The Inspector of Police,
K-4, Anna Nagar Police Station,
Chennai – 40.
4.A.Suresh,
S/o.Munshi. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
1/5
https://www.mhc.tn.gov.in/judis
Writ Petition No.24327 of 2023
India, praying to issue a Writ of Mandamus directing the 1st and 2nd
Respondents to consider the petitioner's representations dated
25.03.2022, 16.08.2022 and 30.01.2023 and further direct the 1st
and 2nd Respondents to register the case against the 4th Respondent.
For Petitioner : Mr.P.Paramasiva Doss
For Respondent R1 to R3 : Mr.A.Damodaran,
Additional Public Prosecutor
*****
ORDER
This writ petition has been filed for a direction to the 1 and
2nd respondent Police to register a case based on the petitioner's
representations dated 25.03.2022, 16.08.2022 and 30.01.2023.
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
https://www.mhc.tn.gov.in/judis
Writ Petition No.24327 of 2023
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 Writ Petition is disposed of accordingly.
18.08.2023
Index : Yes/No
Speaking order:Yes/No
Neutral citation:Yes/No
rka/mkn-ii
To
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Writ Petition No.24327 of 2023
1.The Commissioner of Police,
Commissioner Office Building,
EVK Sampath Road, Vepery,
Chennai – 600 007.
2.The Assistant Commissioner of Police,
K-4, Anna Nagar Police Station,
Chennai – 40.
3.The Inspector of Police,
K-4, Anna Nagar Police Station,
Chennai – 40.
4.The Public Prosecutor,
High Court, Madras.
N.ANAND VENKATESH, J
https://www.mhc.tn.gov.in/judis
Writ Petition No.24327 of 2023
rka/mkn-ii
Writ Petition No.24327 of 2023
18.08.2023
https://www.mhc.tn.gov.in/judis
