Madras High CourtCRL OP/17444/2021disposed of

M/S.Muthoot Fincorp Limited v. Commissioner Of Police

2021-09-30Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17444 of 2021 M/s Muthoot Fincorp Limited Represented by its Senior Manager-HR, Mr.William Baskar New No 55, & old No 16, Govindan Road, West Mambalam, Chennai-600033 ... Petitioner

Versus

1.Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007 2.Assistant Commissioner of Police, Job Racket Wing Team, Central Crime Branch (Job Racket) Greater Chennai Police.

3.Sub Inspector of Police, Job Racket Wing, Team-VIII, Central Crime Branch, Chennai.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to register a First Information Report dated 01.03.2019, pertaining to the Criminal complaint filed by the petitioner and commence further investigation.

For Petitioner : Ms.Ramya Subramaniam For Respondent : Mr.R.Vinothraja Govt. Advocate (Crl.Side)

ORDER

(This case has been heard through video conference) This petition has been filed to direct the 2nd respondent Police to register a case based on the petitioner's complaint dated 01.03.2019 pending on the file of the 2nd respondent Police. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) 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 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-IV) //True Copy// Sub Assistant Registrar rpp/nr To 1.Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007

2.Assistant Commissioner of Police, Job Racket Wing Team, Central Crime Branch (Job Racket) Greater Chennai Police.

3.Sub Inspector of Police, Job Racket Wing, Team-VIII, Central Crime Branch, Chennai.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.17444 of 2021 AK-II(CO) SB(13/10/2021)