V.A.N.V.Prasad v. Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.9144 OF 2022 V.A.N.V.Prasad ... Petitioner .Vs.

1. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, T.Nagar, Chennai - 600 017.

2. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Teynampet, Chennai - 600 006.

3. The Inspector of Police, E-3 Police Station, Teynampet, Chennai - 600 006.

... Respondents PRAYER:- The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the third respondent to register the FIR based on the complaint sent by the petitioner on 05.04.2022.

For Petitioner :

Mr.G.Mohana Krishnan For Respondents :

Mr.V.Meganathan Government Advocate (Criminal Side)

O R D E R

The Criminal Original Petition has been filed seeking for a direction to the third respondent to register the FIR based on the complaint sent by the petitioner on 05.04.2022.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

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

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, 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.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar shk/sai To 1.

The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, T Nagar, Chennai - 600 017.

2.

The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Teynampet, Chennai - 600 006.

3.

The Inspector of Police, E-3 Police Station, Teynampet, Chennai - 600 006.

4.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Mohana Krishnan, Advocate, S.R.No.27491 CRL.O.P.NO.9144 OF 2022 NK(CO) PBS/29/04/2022 https://hcservices.ecourts.gov.in/hcservices/