Indira Balan vs The State Of Tamil Nadu
2021 Latest Caselaw 10938 Mad

                                                                                   CRL.O.P.No.8008 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 28.04.2021

                                                         CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                 CRL.O.P.No.8008 of 2021

                     Indira Balan                                                   ... Petitioner
                                                         Versus
                     The State of Tamil Nadu,
                     Rep by the Inspector of Police,
                     V7, Nolambur Police Station,
                     Nolambur, Chennai.                                             ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondent/respondent police to
                     investigate and register FIRST INFORMATION REPORT (F.I.R) in
                     respect of petitioner's complaint dated 24/01/2021 & 24/2/21 vide
                     registered in C.S.R No.37/2021 and to file a FIR.

                                       For Petitioner    :      Mr.K.Chozhan

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

                                                           *****
                                                          ORDER

This petition has been filed to direct the respondent Police to direct

the respondent police to investigate and register FIR in respect of

petitioner's complaint dated 24.01.2021 and 24.02.2021 in C.S.R.No.37

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.8008 of 2021

of 2021.

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 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.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.8008 of 2021

4.This Criminal Original Petition is disposed of accordingly.

28.04.2021 Index: Yes/No Internet: Yes/No

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To

1.The Inspector of Police, V7, Nolambur Police Station, Nolambur, Chennai.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.8008 of 2021

M.NIRMAL KUMAR, J.

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CRL.O.P.No.8008 of 2021

28.04.2021

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