Madras High Court
M/S.Dolphin Tailors vs The Commissioner Of Police on 17 February, 2022
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.No.1336 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.1336 of 2022
M/s.Dolphin Tailors,
Represented by its Proprietor,
Mr.S.Perumal. ... Petitioner
Vs.
1. The Commissioner of Police,
O/o.The Commissioner of Police,
Vepery, Chennai-600 007.
2. The Deputy Commissioner of Police,
O/o. The Commissioner of Police,
Central Crime Branch,
Cheating, Forgery & Fraud Department,
Veppery, Chennai-600 007.
3. The Inspector of Police,
O/o. The Commissioner of Police,
Central Crime Branch,
Cheating, Forgery & Fraud Department,
EDF-, Team-21,
Veppery, Chennai-600 007. ... Respondents
PRAYER: The Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, pleased to direct the third respondent to register a
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Crl.O.P.No.1336 of 2022
case on the petitioner complaint dated 19.05.2021 given by the petitioner.
For Petitioner : Mr.P.K.Ganesh
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed to direct the respondent to register the complaint letter dated 19.05.2021 according to law.
2. Heard the learned counsel and perused the materials available on record.
3. This petition is not maintainable, in view of the Order passed by a Hon'ble 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 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1336 of 2022 workout his remedy as per the directions issued by the Hon'ble Division Bench in the order referred supra.
4. This Criminal Original Petition is disposed of accordingly.
17.02.2022 rgm/mrn Index :Yes/No Internet : Yes/No Speaking order/non-speaking order To
1. The Commissioner of Police, O/o.The Commissioner of Police, Vepery, Chennai-600 007.
2. The Deputy Commissioner of Police, O/o. The Commissioner of Police, Central Crime Branch, Cheating, Forgery & Fraud Department, Veppery, Chennai-600 007.
3. The Inspector of Police, O/o. The Commissioner of Police, Central Crime Branch, Cheating, Forgery & Fraud Department, EDF-, Team-21, Veppery, Chennai-600 007
4. The Public Prosecutor, High Court of Madras.
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