V.Dhachayani vs The State Rep By
2021 Latest Caselaw 1127 Mad

                                                                             Crl.O.P.No.527 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 19.01.2021

                                                       CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.527 of 2021


                     V.Dhachayani                                                .. Petitioner

                                                             Vs.

                     1.The State Rep by
                       The District Superintendent of Police,
                       Chengalpattu, Chengalpattu District.

                     2.The Assistant District Superintendent of Police,
                       Mamallapuram Range,
                       Mamallapuram.

                     3.The Inspector of Police,
                       Tiruporur Police Station,
                       Tiruporur, Chengalpattu.                                .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal

                     Procedure Code, to direct the 3rd respondent to register FIR based on the

                     petitioner's complaint dated on 08.12.2020.




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https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.527 of 2021

                                           For Petitioner        : Mr.S.Sugendran

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

                                                        ORDER

This petition has been filed to direct the 3rd respondent to register

FIR based on the petitioner's complaint dated on 08.12.2020.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.527 of 2021

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 issued by the

Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

19.01.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order mra/ebsi

To

1. The District Superintendent of Police, Chengalpattu, Chengalpattu District.

2.The Assistant District Superintendent of Police, Mamallapuram Range, Mamallapuram.

N. ANAND VENKATESH,J

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.527 of 2021

mra/ebsi

3.The Inspector of Police, Tiruporur Police Station, Tiruporur, Chengalpattu.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.527 of 2021

19.01.2021

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