Jothimani vs The State Rep. By The
2021 Latest Caselaw 4235 Mad

                                                                                  Crl.O.P.No.3113 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.3113 of 2021

                Jothimani                                                  .. Petitioner

                                                            Vs.

                The State rep. by the
                The Inspector of Police
                All Women Police Station
                Bargur
                Krishnagiri District.                                      .. Respondent



                Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                Procedure Code, to direct the respondent to register a case based on the complaint
                lodged by the petitioner dated 28.01.2021 against the named persons in the
                complaint.


                                        For Petitioner    : Mr.V.Sakkarapani


                                        For Respondent    : Mr.C.Raghavan
                                                            Government Advocate



                                                         Page 1 of 4

https://www.mhc.tn.gov.in/judis/
                                                                                     Crl.O.P.No.3113 of 2021




                                                       ORDER

This petition has been filed to direct the respondent to register a case based

on the complaint lodged by the petitioner dated 28.01.2021 against the named

persons in the complaint.

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

Advocate 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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3113 of 2021

Liberty is given to the petitioner to workout his remedy as per the directions

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 Inspector of Police All Women Police Station Bargur Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3113 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.3113 of 2021

18.02.2021

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