Saranya vs The Commissioner Of Police
2021 Latest Caselaw 4234 Mad

                                                                                   Crl.O.P.No.3134 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 18.02.2021

                                                         CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P.No.3134 of 2021

                Saranya                                                           .. Petitioner

                                                            Vs.

                1. The Commissioner of Police,
                   Greater Chennai,
                   Vepery,
                   Chennai – 7.

                2. State Rep by
                   The Inspector of Police,
                   W-35, All Woman Police Station, Tambaram
                   St.Thomas Mount, Chennai.                                      .. Respondents


                Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                Procedure Code,          to direct the respondent police to register the case on the
                complaint given by the petitioner on 30.12.2020, pending enquiry in CSR
                No.458/2020 dated 30.12.2020.


                                        For Petitioner    : Mr.P.Sundara Rajan

                                        For Respondents : Mr.C.Raghavan
                                                          Government Advocate

                                                         Page 1 of 4

https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.3134 of 2021



                                                       ORDER

This petition has been filed to direct the respondent police to register the

case on the complaint given by the petitioner on 30.12.2020, pending enquiry in

CSR No.458/2020 dated 30.12.2020.

2.Heard the learned counsel for the petitioner and the learned Government

Advocate 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 his remedy as per the directions

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3134 of 2021

issued by the Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

18.02.2021

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

To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai – 7.

2. The Inspector of Police, W-35, All Woman Police Station, Tambaram St.Thomas Mount, Chennai.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3134 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.3134 of 2021

18.02.2021

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