Bharath Govindaraj v. The Deputy Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.11741 of 2022 Bharath Govindaraj ... Petitioner Vs.
1. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Old Municipality Building, 1st Floor, Avadi, Chennai - 600 054.
2. The Assistant Commissioner of Police, SRMC Police Station, 72, Pillayar Koil St, Moovendhar Nagar, Lakshmi Nagar, Porur, Chennai - 600 125.
3. The Inspector of Police, T-14, Mangadu Police Station, Mangadu, Chennai - 600 122.
... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to take up the complaint sent on 16.05.2022 intimating about the complaint dated 15.02.2022 and subsequently direct the 3rd respondent to register the FIR based on the complaint sent by the petitioner to the respondents against one Bhavani.
For Petitioner :
Mr.G.Mohana Krishnan For Respondents :
Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the respondents to take up the complaint sent on 16.05.2022 intimating about the complaint dated 15.02.2022 and subsequently direct the 3rd respondent to register the FIR based on the
complaint sent by the petitioner to the respondents against one Bhavani.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.
3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing for the respondent submit that based on the complaint given by the petitioner, enquiry is pending in CSR No.289 of 2022.
4. 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.
5. Accordingly, this Criminal Original Petition is dismissed and a direction is issued to the respondent police to conduct enquiry legally if prima facie case is made out. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rgi/shk To
1. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Old Municipality Building, 1st Floor, Avadi, Chennai - 600 054.
2. The Assistant Commissioner of Police, SRMC Police Station, 72, Pillayar Koil St, Moovendhar Nagar, Lakshmi Nagar, Porur, Chennai - 600 125.
3. The Inspector of Police, T-14, Mangadu Police Station, Mangadu, Chennai - 600 122.
4. The Public Prosecutor, Madras High Court, Chennai.
+1cc to Mr.G.Mohan Krishnan, Advocate, S.R.No.32438 Crl.O.P.No.11741 of 2022 MT(CO) UMA(17/06/2022)