G.Indirani vs The Commissioner Of Police
2021 Latest Caselaw 4073 Mad

                                                                                  Crl.O.P.No.3047 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.3047 of 2021
                     G.Indirani
                                                                                          ...Petitioner
                                                             Versus
                     1.The Commissioner of Police,
                     O/o The Commissioner of Police,
                     Salem.

                     2.The Inspector of Police,
                     Alagapuram Police Station,
                     Salem.                                                            ..Respondents

                               This Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code to direct the 2nd Respondent to register the FIR based on the
                     petitioner's complaint dated 16.02.2020.
                                     For Petitioner      :      Mr.S.P.Yuvaraj.
                                     For Respondents :          Mr.M.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 16.12.2020,

pending on the file of the respondents Police.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3047 of 2021

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.

17.02.2021 rli Index : Yes/No Speaking Order (or) Non-Speaking Order Internet:Yes/No

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3047 of 2021

To

1.The Commissioner of Police, O/o The Commissioner of Police, Salem.

2.The Inspector of Police, Alagapuram Police Station, Salem.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3047 of 2021

N.ANAND VENKATESH,J.

Rli

Crl.O.P.No.3047 of 2021

17.02.2021

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