Renu vs The State Rep.By
2021 Latest Caselaw 11215 Mad

                                                                                 Crl.O.P.No.8250 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 30.04.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                CRL.O.P. No.8250 of 2021

                     Renu                                                        ... Petitioner
                                                           Versus
                     1. The State Rep.by
                        The Superintendent of Police,
                        Villupuram District,
                        Villupuram.

                     2. The Inspector of Police,
                        Kandamangalam Police Station,
                        Kandamangalam,
                        Villupuram District.                                     ... Respondents


                           Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to issue a suitable direction to the respondents
                     police to register a case on the basis of petitioner's complaint dated
                     31.03.2021.

                                      For Petitioner   :       Mr.D.Krishnamurthy

                                      For Respondents :        Mr.M.Mohamed Riyaz
                                                               Additional Pubic Prosecutor




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.8250 of 2021




                                                          ORDER

This petition has been filed to direct the respondents to register the

first information report on the basis of the complaint dated 31.03.2021

given by the petitioner to the respondents.

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor (Crl.side) 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8250 of 2021

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 petitioners 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.

30.04.2021 Index: Yes/No Internet: Yes/No

klt

To

1. The The Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Kandamangalam Police Station, Kandamangalam, Villupuram District. .

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.8250 of 2021

M.NIRMAL KUMAR, J.

klt

CRL.O.P.No.8250 of 2021

30.04.2021

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