Madras High CourtCRL OP/19241/2021disposed of

D.Ashokkumar v. The Commissioner Of Police

2021-10-21Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.19241 of 2021 D. Ashokkumar ... Petitioner

Versus

1.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600007.

2.The Inspector of Police, K-1, Sembiam Police Station, Perambur, Chennai - 600011.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent here in viz. The Inspector of Police, K-1, Sembiam Police Station, Perambur, Chennai - 600011, register the complaint dated 11.09.2021 preferred by the petitioner and conduct proper enquiry in accordance with law.

For Petitioner : Mr.T.Parthiban For Respondents : Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the 2nd respondent here in viz. The Inspector of Police, K-1, Sembiam Police Station, Perambur, Chennai - 600011, and also to register the complaint dated 11.09.2021 preferred by the petitioner and conduct proper enquiry in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing on behalf of the respondents.

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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-VII) //True Copy// Sub Assistant Registrar Jeni To 1.The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600007.

2.The Inspector of Police, K-1, Sembiam Police Station, Perambur, Chennai - 600011.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Parthiban, Advocate, S.R.No.53776 CRL.O.P.No.19241 of 2021 AK(CO) SB(01/11/2021) https://hcservices.ecourts.gov.in/hcservices/