Madras High Court
Texon (India) Private Limited vs The Inspector Of Police on 4 January, 2021
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
1 Crl.OP No.17468 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
CRL.O.P.No.17468 of 2020
Texon (India) Private Limited,
Rep. by its director,
Mr. A.Venkatesan,
S.No. 376, Thirumudivakkam Main Road,
Behind Amarprakash Heritage Apartments,
Thirumudivakkam, Chennai,
TN 600044. ...Petitioner
.Vs.
1.The Inspector of Police,
Poonamallee Police Station
Poonamallee.
2.D.Senguttuvan ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to direct the 1st respondent police to register the
complaint of the petitioner dated February 7, 2020 and to take necessary
action and investigate into the matter in accordance with law.
For Petitioner : Ms. AMI V.Kataria
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
2 Crl.OP No.17468 of 2020
ORDER
This Criminal Original Petition has been filed to direct the 1st respondent Police to register an FIR based on the petitioner's complaint dated 07.02.2020, pending on the file of the 1st respondent police.
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 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 their remedy as per the https://www.mhc.tn.gov.in/judis/ 3 Crl.OP No.17468 of 2020 directions issued by the Division Bench in the order referred supra.
This Criminal Original Petition is disposed of accordingly.
04.01.2021 Index : Yes/No Internet: Yes/No rm To
1.The Inspector of Police, Poonamallee Police Station Poonamallee.
2.The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis/ 4 Crl.OP No.17468 of 2020 N.ANAND VENKATESH.J., rm CRL.O.P.No.17468 of 2020 04.01.2021 https://www.mhc.tn.gov.in/judis/