Nirmala vs The State Rep. By
2021 Latest Caselaw 24079 Mad

                                                                                Crl.O.P.No.23404 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 07.12.2021

                                                      CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                              Crl.O.P.No.23404 of 2021

                     Nirmala                                                  ..Petitioner


                                                          Versus
                     1. The State Rep. By
                        The Superintendent of Police,
                        Thiruppathur District,
                        Thiruppathur.

                     2. The Inspector of Police,
                        Vaniyambodi Town Police Station,
                        Thiruppathur District.                               ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure to direct the 2nd respondent police to register a case
                     on the petitioner's complaints dated 17.08.2021.


                                      For Petitioner  :       Mr.E.Kannadasan
                                      For Respondents :       Mr.E.Raj Thilak
                                                               Additional Public Prosecutor
                                                            ***



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https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No.23404 of 2021


                                                          ORDER

This petition has been filed to direct the 2nd respondent police to

register a case on the petitioner's complaints dated 17.08.2021.

2. Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.23404 of 2021

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.

4. This Criminal Original Petition is disposed of

accordingly.

07.12.2021

Index: Yes/No Internet: Yes/No arr

https://www.mhc.tn.gov.in/judis Crl.O.P.No.23404 of 2021

M.NIRMAL KUMAR, J.

arr

To

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

2. The Inspector of Police, Vaniyambodi Town Police Station, Thiruppathur District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23404 of 2021

https://www.mhc.tn.gov.in/judis Crl.O.P.No.23404 of 2021

07.12.2021

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