O.Vigneswari vs The State Represented By Its
2021 Latest Caselaw 2661 Mad

                                                                 1          Crl.OP No.1722 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 04.02.2021

                                                        CORAM

                            THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                CRL.O.P.No.1722 of 2021

                     O.Vigneswari,
                     D/o.R.Ottruvaz.                                             ...Petitioner

                                                        .Vs.

                     The State represented by its,
                     The Inspector of Police,
                     All Women Police Station,
                     Villivakkam,
                     Chennai 600 049.                                            ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent police to register
                     the FIR on the petitioner's complaint dated 24.11.2020 in CSR No.282 of
                     2020.
                                      For Petitioner    : Mr.R.Kumaravel

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

                                                       ORDER

This Criminal Original Petition has been filed to direct the

respondent Police to register an FIR based on the petitioner's complaint

dated 24.11.2020, pending on the file of the respondent police. https://www.mhc.tn.gov.in/judis/

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.

This Criminal Original Petition is disposed of accordingly.

04.02.2021

Internet: Yes.

rm

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

1.The Inspector of Police, All Women Police Station Villivakkam, Chennai 600 049.

2.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

rm

CRL.O.P.No.1722 of 2021

04.02.2021

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