Madras High Court

CRL A.SR/60865/2026 of S.Diwakar Vs The State rep by the Inspector of Police on 1 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-10-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE K.RAJASEKAR

CRL A SR No. 60865 of 2026

CNR:{HCMA012218562026}

S.Diwakar

..Appellant(s)

Vs

1.The Deputy Commissioner of Police for Flower Bazaar Police District, B-1 North Beach Police Station Campus, Rajaji Salai, Chennai-1.

2.The Additional Commissioner of Police for Law and Order (Chennai North), 8th Floor of the building in The Commissioner of Police, Chennai Campus, Vepery, Chennai-8.

3.The Commissioner of Police for Greater Chennai, EVK Sampath Salai, Vepery, Chennai-8.

4.The Joint Commissioner of Police for Chennai West Zone, Fourth Floor of the building of Thirumangalam Police Station

campus, Thirumangalam

Chennai-40.

5.Inspector of Police for

R5 Virugambakkam Police Station,

Virigambakkam, Chennai-92.

6.The Director,

Directorate of Vigilance and Anti Corruption, 293, MKH Road, Alandur, Chennai-16.

..Respondent(s)

This Criminal appeal is preferred under Section 386(d) read with sections 382, 482 of Cr.P.C. seeking to call for the records pertaining to Crl.O.Ps 18269, 21966/26 that lies in this Hon’ble Court and by setting aside the decision passed by a later division bench in the case by name G.Prabakaran vs. The Superintendent of Police, Thanjavur, order dated 20.09.2018 Crl.O.P.

(MD)No.13681/18 to pass orders directing the Director DVAC stated herein in this appeal as a sixth respondent to in turn direct the Commissioner of Police, Chennai stated herein in this appeal as third respondent to register the appellant’s complaint dated 18.08.2026 sent to the Director DVAC taken on file a petition No.16925/26 forwarded to the Commissioner of Police, Chennai as FIR under the relevant provisions of the Prevention of Corruption Act r/w S.120B IPC for all other offences committed on the appellant and by directing the respondents herein to take actions from the date passed the judgment in the appellant’s WA SR 76425/16 case to thus render justice to the appellant.

For Appellant(s): Mr.S.Diwakar (party-in-person)

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Judgment

(Judgment of the Court was delivered by N.Sathish Kumar J.) This appeal has been listed under the caption ‘For Maintainability’.

2. The appellant is a party-in-person and is a practising member of the Bar. He had earlier filed Crl.O.P.No.18269 of 2026 seeking direction to the respondent therein to register the appellant’s letter complaint dated 14.06.2026 based on his representation dated 17.06.2026 as the FIR under the relevant provisions of the Prevention of Corruption Act read with section 120B of the IPC for all other offences committed on the appellant and then to take action by giving effect to the judgment dated 21.09.2017 passed by a Division Bench of this court in W.A.Sr.No.76425 of 2016. The appellant submitted that the another member of the Bar practising in the same court practices illegality in collusion with some members of the Registry and mislead the courts to pass illegal orders and that several illegalities were committed by way of corrupt cases. The Division Bench in its judgment in W.A.Sr.No.76425 of 2016 has also found in favour of the appellant.

3. Considering the judgment of the Division Bench of this court in G.Prabhakaran Vs. The Superintendent of Police, Thanjavur, the learned single judge while exercising the power under section 482 of Cr.P.C, has disposed of the criminal original petition by observing that if no action has been taken on the complaint of the appellant, the further course open to the appellant herein is to make further representation to the superior authorities and even if no action has been taken, it will be very much open to the appellant herein to approach the court of competent jurisdiction by way of a private complaint and this court cannot entertain the prayer made by the petitioner therein. Therefore, the learned Single Judge directed the appellant herein to file a private complaint before the appropriate court.

4. Thereafter, the appellant has filed another Crl.O.P.No.21966 of 2026 before the learned single judge to review the aforesaid order dated 13.07.2026. The learned single judge by order dated 10.08.2026 disposed of the said criminal original petition holding that the appellant cannot maintain the review and under section 482 of Cr.P.C., this court has no power to review its own order. Against those orders of the learned Single Judge, the present intra-court appeal has been preferred by the appellant by invoking the provisions under section 386(d) read with sections 382 and 482 of Cr.P.C.

5. This court has perused the orders of the learned single Judge. On perusal of the orders of the learned single judge, this court is of the view that the orders have been passed exercising the powers of this court under section 482 of the Cr.P.C. An intra-court appeal is not maintainable against the order of the learned Single judge passed under section 482 of Cr.P.C. Further, the learned single judge has correctly held that even if no action has been taken on the representation before the superior authorities on the basis of the complaint, the appropriate remedy for the appellant is to file a private complaint before the appropriate court having jurisdiction, against the persons for the offence as alleged by the appellant. Hence, the intra-court appeal is not maintainable against the order passed by the learned single judge exercising the power under section 482 of Cr.P.C. Accordingly, this criminal appeal is rejected. (N.S.K.,J.) (K.R.S.,J.) 01-10-2026 Index: Yes/No Speaking order/Non-speaking order Neutral Citation: Yes/No VVK

To

1. The Deputy Commissioner of Police for Flower Bazaar Police District, B-1 North Beach Police Station Campus, Rajaji Salai, Chennai-1.

2. The Additional Commissioner of Police for Law and Order (Chennai North), 8th Floor of the building in The Commissioner of Police, Chennai Campus, Vepery, Chennai-8.

3. The Commissioner of Police for Greater Chennai, EVK Sampath Salai, Vepery, Chennai-8.

4. The Joint Commissioner of Police for Chennai West Zone, Fourth Floor of the building of Thirumangalam Police Station campus, Thirumangalam Chennai-40.

5. Inspector of Police for R5 Virugambakkam Police Station, Virigambakkam, Chennai-92.

6. The Director, Directorate of Vigilance and Anti Corruption, 293, MKH Road, Alandur, Chennai-16

N.SATHISH KUMAR J. AND K.RAJASEKAR J. VVK CRL A SR No. 60865 of 2026 01-10-2026

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