Madras High Court
T.Sumalatha vs The Commissioner Of Police on 28 April, 2021
CRL.O.P.No.8020 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.8020 of 2021
T.Sumalatha ... Petitioner
Versus
1.The Commissioner of Police,
Grater Chennai,
Vepery, Chennai.
2.The Deputy Commissioner of Police,
Ambattur Range,
Ambattur, Chennai.
3.The Inspector of Police,
T-1 Ambattur Police Station,
Ambattur,
Chennai-600 053. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, directing the respondents to register the case
based on the complaint of the petitioner dated 26.10.2020 and
19.04.2021, and investigate the same and file the final report before the
appropriate court within the reasonable time limit fixed by this Court.
For Petitioner : Mr.V.Logeswaren
For Respondents : Mr.M.Mohammed Riyaz,
Additional Public Prosecutor
*****
Page No.1 of 4
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CRL.O.P.No.8020 of 2021
ORDER
This petition has been filed to direct the respondents to register a
case based on the petitioner complaint dated 19.04.2021 pending on the
file of the 3rd respondent Police.
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
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
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CRL.O.P.No.8020 of 2021
directions issued by the Division Bench in the order referred supra.
4.This Criminal Original Petition is disposed of accordingly.
28.04.2021
Index: Yes/No
Internet: Yes/No
vv2
To
1.The Commissioner of Police,
Grater Chennai,
Vepery, Chennai.
2.The Deputy Commissioner of Police,
Ambattur Range,
Ambattur, Chennai.
3.The Inspector of Police,
T-1 Ambattur Police Station,
Ambattur,
Chennai-600 053.
4.The Public Prosecutor,
High Court, Madras.
M.NIRMAL KUMAR, J.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.8020 of 2021
vv2
CRL.O.P.No.8020 of 2021
28.04.2021
https://www.mhc.tn.gov.in/judis/
