B.Vanisree vs The Assistant Commissioner Of ...
2021 Latest Caselaw 4562 Mad

                                                            1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 22.02.2021

                                                        CORAM

                          THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                 CRL.O.P.No.3380 of 2021

                     B.Vanisree                                                     ...Petitioner



                                                         .Vs.

                     1.The Assistant Commissioner of Police,
                       Adyar,
                       No.56, L.B.Road,
                       Chennai 600 020.

                     2.The Inspector of Police,
                       Law & Order,
                       J-6, Adyar Police Station,
                       Adyar,
                       Chennai 600 020.                                           ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent police to
                     register the petitioner's complaint dated 04.02.2021.



                                       For Petitioner   : Mr.A.Balasingh Ramanujam

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

https://www.mhc.tn.gov.in/judis/
                                                               2


                                                          ORDER

This Criminal Original Petition has been filed to direct the

2nd respondent to register the complaint based on the petitioner's

complaint dated 04.02.2021.

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

22.02.2021

Index : Yes/No Internet: Yes KP

To

1.The Assistant Commissioner of Police, Adyar, No.56, L.B.Road, Chennai 600 020.

2.The Inspector of Police, Law & Order, J-6, Adyar Police Station, Adyar, Chennai 600 020.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ N.ANAND VENKATESH. J.,

KP

CRL.O.P.No.3380 of 2021

22.02.2021

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