Mrs.Radhika Dolia vs State By
2021 Latest Caselaw 4719 Mad

                                                                      1             Crl.O.P.No.3481 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 23.02.2021

                                                              CORAM :

                         THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                    Crl.O.P.No.3481 of 2021

                Mrs.Radhika Dolia                                                     .. Petitioner
                                                                Vs.
                State by
                The Inspector of Police (Crime)
                F-1, Chintadripet Police Station,
                Chennai.                                                              .. Respondent

                Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct
                the respondent police to register FIR on basis of the complaint dated
                08.03.2020 given by the petitioner.
                                             For Petitioner    : Mr. J.N.Naresh Kumar

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

                                                           ORDER

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

a case based on the petitioner's complaint dated 08.03.2020, pending on the file

of the respondent Police.

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

Additional Public Prosecutor appearing on behalf of the respondent.

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

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.

23.02.2021

Index :Yes/No Internet:Yes/No rli

To

1. The Inspector of Police (Crime) https://www.mhc.tn.gov.in/judis/

F-1, Chintadripet Police Station, Chennai.

2. The Additional Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH, J.

rli

Crl.O.P.No.3481 of 2021

23.02.2021

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