E.N.Ananda Prasad v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH E.N.Ananda Prasad, S/o.Narayanan.
...Petitioner
Vs 1.The Commissioner of Police, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.
2.The Assistant Commissioner of Police, K-4, Anna Nagar Police Station, Chennai - 40.
3.The Inspector of Police, K-4, Anna Nagar Police Station, Chennai - 40.
4.A.Suresh, S/o.Munshi.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of 1/5
India, praying to issue a Writ of Mandamus directing the 1st and 2nd Respondents to consider the petitioner's representations dated 25.03.2022, 16.08.2022 and 30.01.2023 and further direct the 1st and 2nd Respondents to register the case against the 4th Respondent. For Petitioner : Mr.P.Paramasiva Doss For Respondent R1 to R3 : Mr.A.Damodaran, Additional Public Prosecutor *****
O R D E R
This writ petition has been filed for a direction to the 1 and 2nd respondent Police to register a case based on the petitioner's representations dated 25.03.2022, 16.08.2022 and 30.01.2023. 2.Heard the learned counsel for the petitioner and the learned 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 reported in (2018) 2 LW Crl
489. The Hon'ble Supreme Court in its latest judgment rendered by 2/5
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. This Writ Petition is disposed of accordingly. 18.08.2023 Index : Yes/No Speaking order:Yes/No rka/mkn-ii To 3/5
1.The Commissioner of Police, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.
2.The Assistant Commissioner of Police, K-4, Anna Nagar Police Station, Chennai - 40.
3.The Inspector of Police, K-4, Anna Nagar Police Station, Chennai - 40.
4.The Public Prosecutor, High Court, Madras.
N.ANAND VENKATESH, J 4/5
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