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Madras High CourtCRL OP/19603/2020disposed of

M/S.Equitas Small Finance Bank Private Limited v. The Assistant Commissioner Of Police

2021-01-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19603 of 2020 1 M/s.Equitas Small Finance Bank Private Limited, Rep. By its cluster Manager, Mr.K.Karthikeyan Having Branch Office at No.56, 2nd Avenue, Ashok Nagar, Chennai 600 083 ...PETITIONER Vs

1. The Assistant Commissioner of Police, Bank Fraud Prevention Wing, Central Crime Branch, Chennai 600007.

2. The Inspector of Police, Central Crime Branch, Chennai 600 007.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent Police to register the F.I.R and investigate the case on the basis of the complaint dated 28.02.2020.

For Petitioner : Mr.A.Damodharan For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent Police to register a case based on the petitioner's complaint dated 28.02.2020, pending on the file of the 2nd respondent Police.

2.

Heard the learned counsel for the petitioner and the learned Government 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 https://hcservices.ecourts.gov.in/hcservices/ Page numbers

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 //True Copy// Sub Assistant Registrar rka To 1.The Assistant Commissioner of Police, Bank Fraud Prevention Wing, Central Crime Branch, Chennai 600007.

2.The Inspector of Police, Central Crime Branch, Chennai 600 007 3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.Damodaran, Advocate SR.1258 Crl.O.P No.19603 of 2020 EV(CO) CB(04/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers