Danielraj Peter v. Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 04.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Danielraj Peter ... Petitioner Vs.
1.
The Commissioner of police, Office of the Commissioner of Police, Tambaram Zone, Sholinganallur, Chennai.
Central Crime Branch Poonamallee High Road, Vepery, Chennai.
The State rep by its Inspector of police Selaiyur Police Station, Selaiyur, Chennai.
4.
M/s.Shri Parvathi Export India Pvt.Ltd.
No.105, Camp Road, Selaiyur, Tambaram (East), 1/5
Chennai-600 073.
... Respondents This Criminal Original Petition is filed under Section 482 Cr.P.C. to direct 1st to 3rd Respondents to initiate appropriate criminal action as against the 4th Respondent immediately and Register a case against them and also help the Petitioner by recovering the huge amount of US $ 41,900 being invested by him with the 4th Respondent. For Petitioner : Mr.G.Yuvaraj For Respondent : Mr.A.Damodaran Additional Public Prosecutor
ORDER
This petition has been filed to direct the 1st and 3rd respondent Police to register a case based on the petitioner's complaint dated 05.09.2022.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents. 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 2/5
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 Criminal Original Petition is disposed of accordingly. 04.07.2023 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order 3/5
To 1.
The Commissioner of police, Office of the Commissioner of Police, Tambaram Zone, Sholinganallur, Chennai.
Central Crime Branch Poonamallee High Road, Vepery, Chennai.
The State rep by its Inspector of police Selaiyur Police Station, Selaiyur, Chennai.
4.
The Public Prosecutor, Madras High Court, Chennai.
4/5
N.ANAND VENKATESH ,J.
rka 04.07.2023 5/5