Mariammal vs The State Rep. By
2021 Latest Caselaw 10798 Mad

                                                                                   Crl.O.P.No.7820 of 2021


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 27.04.2021

                                                        CORAM:

                                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                  Crl.O.P.No.7820 of 2021


                      Mariammal                                               ... Petitioner

                                                             Versus

                      The State rep. by
                      The Inspector of Police,
                      Thiruvennainallur Police Statiion,
                      Villupuram District.                                    ... Respondent



                      PRAYER: Criminal Original Petition filed under Section 482 of the Code
                      of Criminal Procedure, to direct the respondent to register the petitioner's
                      complaint dated 08.04.2021 made to respondent immediately and
                      investigate the same in accordance with law.


                                       For Petitioner    :       Mr.K.Sudhakar

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



                      Page No.1 of 4


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                                                                                     Crl.O.P.No.7820 of 2021


                                                           ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 08.04.2021

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

http://www.judis.nic.in Crl.O.P.No.7820 of 2021

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 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.

27.04.2021 Index: Yes/No Internet: Yes/No dna

To

1.The Inspector of Police, Thiruvennainallur Police Statiion, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in Crl.O.P.No.7820 of 2021

M.NIRMAL KUMAR, J.

dna

CRL.O.P.No.7820 of 2021

27.04.2021

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