← Library
Madras High CourtCRL OP/3012/2021disposed of

Paul Richard v. The Commissioner Of Police,

2021-02-17Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.3012 of 2021 Paul Richard

...Petitioner

Versus

1.The Commissioner of Police, Vepery, Chennai.

2.The Inspector of Police Station, Red Hills Police Station, Chennai.

3.The Inspector of Police, Central Crime Branch, Vepery, Chennai.

..Respondents This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to change the investigation in CSR No.566 of 2020 on the file of 2nd Respondent herein to Central Crime Branch, Chennai for appropriate action on the complaint of the Petitioner.

For Petitioner :

Mr.G.Muthukumar.

For Respondent :

Mr.M.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the respondents Police to register a case based on the petitioner's complaint dated 28.11.2020, pending on the file of the third respondents Police.

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 https://hcservices.ecourts.gov.in/hcservices/

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. 4.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar (CS.III) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Vepery, Chennai.

2.The Inspector of Police Station, Red Hills Police Station, Chennai.

3.The Inspector of Police, Central Crime Branch, Vepery, Chennai.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Muthukumar, Advocate SR.NO..9431 AKM/17.03.21/ 2P-6 C/ Crl.O.P.No.3012 of 2021 17.02.2021 https://hcservices.ecourts.gov.in/hcservices/