Madras High Court
P.Uma vs The Commissioner Of Police on 17 February, 2021
Crl.O.P.No.2975 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.02.2021
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.2975 of 2021
P.Uma ... Petitioner
Vs.
1. The Commissioner of Police
Salem City
Sankari Main Road
Neethimedu
Salem, Tamil Nadu – 636 002.
2. The Deputy Commissioner of Police
Salem City
Sankari Main Road
Neethimedu
Salem, Tamil Nadu – 636 002.
3. The Assistant Commissioner of Police
Salem City
Sankari Main Road
Neethimedu
Salem, Tamil Nadu – 636 002.
4. Inspector of Police
Salem Town Police Station
Salem District. ... Respondents
Page 1 of 4
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Crl.O.P.No.2975 of 2021
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, to direct the 1 to 3 Respondents to register the Petitioner
complaint dated 06.11.2020 and take action against the accused persons
Kumar, Inspector of Police and investigate the same in accordance with law.
For Petitioner : Mr.Abinesh Babu
For Respondents : Mr.Mohamed Riyaz,
Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondents Police to
register a case based on the petitioner's complaint dated 06.11.2020,
pending on the file of the first respondent 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
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.2975 of 2021
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.
17.02.2021
Index :Yes/No
Internet:Yes/No
Speaking/Non speaking order
rli
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.2975 of 2021
N. ANAND VENKATESH,J.
rli
To
1. The Commissioner of Police
Salem City
Sankari Main Road
Neethimedu
Salem, Tamil Nadu – 636 002.
2. The Deputy Commissioner of Police
Salem City
Sankari Main Road
Neethimedu
Salem, Tamil Nadu – 636 002.
3. The Assistant Commissioner of Police
Salem City
Sankari Main Road
Neethimedu
Salem, Tamil Nadu – 636 002.
4. Inspector of Police
Salem Town Police Station
Salem District.
5. The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.2975 of 2021
17.02.2021
https://www.mhc.tn.gov.in/judis/
