D.Anitha vs The Commissioner Of Police
2021 Latest Caselaw 106 Mad

                                                                  1        Crl.OP No.17955 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 04.01.2021

                                                          CORAM

                              THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                             CRL.O.P.No.17955 of 2020

                     D.Anitha                                                 ...Petitioner

                                                     .Vs.

                     1.The Commissioner of Police,
                       Greater Chennai,
                       Vepery,
                       Chennai – 600 001.

                     2.The Assistant Commissioner of Police,
                       Ambatur,
                       Chennai – 600 054.

                     3.The Inspector of Police,
                       Poonamallee Police Station,
                       Chennai.                                               ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to register the FIR on the complaint of the petitioner
                     dated 14.02.2020 to the 2nd respondent forthwith and to file the final report
                     by conducting free and fair investigation by some other agency with the
                     supervision of the 1st respondent.




https://www.mhc.tn.gov.in/judis/
                                                                   2          Crl.OP No.17955 of 2020

                                     For Petitioner    : Mr. C.Prabakaran

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

                                                        ORDER

This Criminal Original Petition has been filed to direct the 2nd

respondent Police to register an FIR based on the petitioner's complaint

dated 14.02.2020, pending on the file of the 3rd respondent police.

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

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

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.

This Criminal Original Petition is disposed of accordingly.

04.01.2021

Index : Yes/No Internet: Yes/No rm

To

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai – 600 001.

2.The Assistant Commissioner of Police, Ambatur, Chennai – 600 054.

3.The Inspector of Police, Poonamallee Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

rm

CRL.O.P.No.17955 of 2020

04.01.2021

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