B.Mathangi vs The Superintendent Of Police
2021 Latest Caselaw 2428 Mad

                                                                                    Crl.O.P.No.1705 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED 03.02.2021

                                                            CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                  Crl.O.P.No.1705 of 2021

                     B.Mathangi                                             .. Petitioner
                                                    Vs.
                     1. The Superintendent of Police,
                     Anti-lan Grabbing Special Cell,
                     Nagapattinam.

                     2. The Inspector of Police,
                     Nagapattinam Police Station,
                     Nagapattinam District.                                   .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, directing the second respondent to register a criminal case
                     based on the complaint of the petitioner dated 27.12.2020.
                                           For Petitioner        : Ms.G.P.Priya
                                           For Respondent        : Mr.M.Mohamed Riyaz
                                                                   Additional Public Prosecutor

                                                         ORDER

This petition has been filed to direct the second respondent Police

to register a case based on the petitioner's complaint dated 27.12.2020,

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1705 of 2021

pending on the file of the respondents 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 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.

03.02.2021

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1705 of 2021

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

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To

1. The Superintendent of Police, Anti-lan Grabbing Special Cell, Nagapattinam.

2. The Inspector of Police, Nagapattinam Police Station, Nagapattinam District.

5. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1705 of 2021

N. ANAND VENKATESH,J

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Crl.O.P.No.1705 of 2021

03.02.2021

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