Amulya Malineni vs The State Rep. By
2021 Latest Caselaw 10516 Mad

                                                                                  Crl.O.P.No.7704 of 2021


                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 23.04.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                 Crl.O.P.No.7704 of 2021


                     Amulya Malineni                                              ... Petitioner

                                                            Versus

                     The State Rep. by
                     The Inspector of Police
                     All Women Police Station
                     Avadi, Chennai.                                              ... Respondent



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent police to enquire
                     the complaint pending in C.S.R.No.522 of 2019, on the file of the All
                     Women Police Station, Avadi and to register an FIR against the accused
                     persons.


                                      For Petitioner    :       Mr.S.Krishnaa

                                      For Respondent    :       Mr.M.Mohamed Riyaz,
                                                                Additional Public Prosecutor


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.7704 of 2021


                                                          ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 02.11.2019

pending on the file of the respondent Police.

2. Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor appearing on behalf of the

respondent.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.7704 of 2021

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.

4. This Criminal Original Petition is disposed of

accordingly.

23.04.2021 Index: Yes/No Internet: Yes/No dna

To

1.The Inspector of Police All Women Police Station Avadi, Chennai.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.7704 of 2021

M.NIRMAL KUMAR, J.

dna

CRL.O.P.No.7704 of 2021

23.04.2021

https://www.mhc.tn.gov.in/judis/