P.Umadevi vs The State Rep. By Its
2021 Latest Caselaw 2292 Mad

                                                                                    Crl.O.P.No.1472 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 02.02.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                Crl.O.P.No.1472 of 2021


                     P.Umadevi                                                             .. Petitioner

                                                                Vs.

                     The State rep. by its
                     The Inspector of Police (Law & Order),
                     B-1, North Beach Police Station,
                     Chennai – 600 001.                                                  .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the respondent police to investigate and register
                     the case on the petitioner complaint dated 12.02.2020 pending on the file of
                     the respondent police.
                                          For Petitioner        : Mr.D.Nandhagopal

                                          For Respondent        : Mr.M.Mohamed Riyaz
                                                                  Additional Public Prosecutor




                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.1472 of 2021

                                                        ORDER

This petition has been filed to direct the respondent police to

investigate and register the case on the petitioner complaint dated

12.02.2020 pending on the file of the respondent police.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1472 of 2021

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.

This Criminal Original Petition is disposed of accordingly.

02.02.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr

To

1. The Inspector of Police (Law & Order), B-1, North Beach Police Station, Chennai – 600 001.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1472 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.1472 of 2021

02.02.2021

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