Crl.O.P.No.11629 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.05.2022
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P.No.11629 of 2022
Maheswari ... Petitioner
Vs.
1.The State represented by
The Superintendent of Police,
Office of the Superintendent of Police,
Villupuram District.
2.The Inspector of Police,
All Women Police Station,
Tindivanam,
Villupuram District. ... Respondents
Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to
direct the 2nd respondent police to register a FIR on the petitioner's
complaint dated 12.04.2022 which was received by the 2nd respondent
police in CSR.No.96 of 2022 dated 12.04.2022.
For Petitioner : Mr.R.Dilli Kumar
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
1
Crl.O.P.No.11629 of 2022
ORDER
This Criminal Original Petition has been filed to direct the 2nd respondent police to register a FIR on the petitioner's complaint dated 12.04.2022 which was received by the 2nd respondent police in CSR.No.96 of 2022 dated 12.04.2022.
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 https://www.mhc.tn.gov.in/judis 2 Crl.O.P.No.11629 of 2022 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.
18.05.2022 Internet:Yes Index :Yes/No Speaking Order/Non-speaking Order ssr To
1.The Superintendent of Police, Office of the Superintendent of Police, Villupuram District.
2.The Inspector of Police, All Women Police Station, Tindivanam, Villupuram District.
3.The Public Prosecutor, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis 3 Crl.O.P.No.11629 of 2022 N. ANAND VENKATESH, J.
ssr Crl.O.P.No.11629 of 2022 18.05.2022 https://www.mhc.tn.gov.in/judis 4