M.Kiruthiga vs State Rep. By Its
2021 Latest Caselaw 2141 Mad

                                                                                    Crl.O.P.No.1395 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 01.02.2021

                                                            CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P.No.1395 of 2021
                     M.Kiruthiga                                                          .. Petitioner

                                                                 Vs.
                     State Rep. By its
                     Inspector of Police (Law & Order)
                     S-4, Nandambakkam Police Station,
                     Chennai-89.                                                    .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the respondent Police herein to investigate and
                     register the case on the respondent police.
                                           For Petitioner        : Mr.D.Nandhagopal
                                           For Respondent        : Mr.M.Mohamed Riyaz
                                                                   Additional Public Prosecutor

                                                       ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 09.12.2020,

pending on the file of the respondent Police.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1395 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 her remedy as per the directions issued by the Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

01.02.2021

Index :Yes/No Internet:Yes/No

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1395 of 2021

Speaking/Non speaking order

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To

1. Inspector of Police (Law & Order) S-4, Nandambakkam Police Station, Chennai-89.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1395 of 2021

N. ANAND VENKATESH,J

rli

Crl.O.P.No.1395 of 2021

01.02.2021

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