I.Sobha Rani vs The Inspector Of Police
2021 Latest Caselaw 2450 Mad

                                                                                    Crl.O.P.No.1584 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.1584 of 2021
                     I.Sobha Rani                                                  .. Petitioner

                                                                 Vs.
                     The Inspector of Police,
                     Guduvancheri Police Station,
                     Kancheepuram District.                                   .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, directing the respondent to register the complaint dated
                     05.12.2019 vide CSR No.3228 of 2019, dated 20.12.2019.


                                           For Petitioner        : Mr.S.Vijayakumar
                                           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 05.12.2019 vide

CSR No.3228 of 2019, pending on the file of the respondent Police.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1584 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.

03.02.2021

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1584 of 2021

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To

1. The Inspector of Police, Guduvancheri Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.1584 of 2021

N. ANAND VENKATESH,J

rli

Crl.O.P.No.1584 of 2021

03.02.2021

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