Dhakshayini vs State By
2021 Latest Caselaw 1130 Mad

                                                                             Crl.O.P.No.520 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.520 of 2021


                     Dhakshayini                                                 .. Petitioner

                                                              Vs.

                     1.State by
                       The Deputy Commissioner of Police,
                       Vepery Range,
                       Chennai.

                     2.State represented by
                       The Inspector of Police,
                       Vepery Police Station,
                       Chennai.                                               .. Respondents

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

                     Procedure Code, to direct the respondents to conduct enquiry and register

                     case against Manikandan and file FIR.




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https://www.mhc.tn.gov.in/judis/
                                                                                     Crl.O.P.No.520 of 2021

                                           For Petitioner        : Mr.T.K.S.Gandhi

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

                                                        ORDER

This petition has been filed to direct the respondents to conduct

enquiry and register case against Manikandan and file FIR.

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.520 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 Deputy Commissioner of Police, Vepery Range, Chennai.

2.The Inspector of Police, Vepery Police Station, Chennai.

N. ANAND VENKATESH,J

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.520 of 2021

mra/ebsi

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.520 of 2021

19.01.2021

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