M.Ashokan v. Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.20376 OF 2021 M.Ashokan ... Petitioner/Complainant
Versus
1. The Commissioner of Police O/o.the Commissioner of Police Vepery Chennai 600 007.
2. The Inspector of Police Central Crime Branch, Chennai Vepery Chennai 600 007.
... Respondents PRAYER:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction to the respondents to register a case dated 02.07.2021 against the above said Krishna Kumar and his wife Mrs.Vijayalakshmi by conducting a fair investigation and file a report for the perusal of the Court.
For Petitioner : Mr.MA.Gouthaman For Respondents : Mr.A.Damodaran Additional Public Prosecutor
ORDER
This petition has been filed to issue a direction to the respondents to register a case dated 02.07.2021 against the above said Krishna Kumar and his wife Mrs.Vijayalakshmi by conducting a fair investigation and file a report for the perusal of the Court.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor on behalf of the respondent.
3. This petition is not maintainable, in view of the https://hcservices.ecourts.gov.in/hcservices/
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 IX) //True Copy// Sub Assistant Registrar dna To
1. The Commissioner of Police O/o.the Commissioner of Police Vepery Chennai 600 007.
2. The Inspector of Police Central Crime Branch, Chennai Vepery Chennai 600 007.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.MA.Gouthaman, Advocate, S.R.No.57935 CRL.O.P.No.20376 of 2021 BR(CO) PM/29/11/2021 https://hcservices.ecourts.gov.in/hcservices/