M.Anandaraj v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2022

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3339 of 2022 M.Anandraj, S/o.Mani ... Petitioner Vs.

1. The Commissioner of Police, Order of the Office of Commissioner of Police, EVR Salai, Vepery, Chennai - 600 007.

2. The Inspector of Police, (Crime) S-3, Meenambakkam Police Station, Meenambakkam, Chennai.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent police to register a case based on the petitioner's complaint dated 26.10.2021 pending on the file of the respondent police. For Petitioner :

Mr.V.Palanikumar For Respondents:

Mr.V.Meganathan Government Advocate (Criminal side)

ORDER

This Criminal Original Petition has been filed, to direct the second respondent police to register a case based on the petitioner's complaint dated 26.10.2021 pending on the file of the respondent police.

2. Heard both sides 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, https://hcservices.ecourts.gov.in/hcservices/

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 Hon'ble Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar shk/arb To

1. The Commissioner of Police, Order of the Office of Commissioner of Police, EVR Salai, Vepery, Chennai - 600 007.

2. The Inspector of Police, (Crime) S-3, Meenambakkam Police Station, Meenambakkam, Chennai.

3. The Public Prosecutor, Madras High Court.

+1cc to M/s.V.Palani Kumar, Advocate, S.R.No.10914 Crl.O.P.No.3339 of 2022 PMK(CO) SU(04/03/2022) https://hcservices.ecourts.gov.in/hcservices/