P.Tamilarasi vs The State Rep. By The Commissioner ...
2021 Latest Caselaw 114 Mad

                                                                 1         Crl.OP No.17473 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.17473 of 2020

                     P.Tamilarasi,
                     W/o.S.Kumar.                                                     ...Petitioner
                                                      .Vs.

                     1.The State rep. by The Commissioner of Police,
                       No.132, Commissioner Office Building,
                       EVK Sampath Road, Vepery,
                       Periyamet,
                       Chennai,
                       Tamil Nadu 600 007.

                     2.The State rep. by
                       Inspector of Police,
                       J1 Police Station,
                       Saidapet,
                       Chennai 600 033.                                          ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to direct the 1st respondent to register a case based on
                     the complaint of the petitioner dated 18.08.2020 and to register an F.I.R on
                     the given complaint, which is pending before the respondents.
                                     For Petitioner  : Mr.R.N.Kasi Vishwanathan
                                     For Respondents : Mr.M.Mohamed Riyaz
                                                       Additional Public Prosecutor



https://www.mhc.tn.gov.in/judis/
                                                                   2          Crl.OP No.17473 of 2020


                                                       ORDER

This Criminal Original Petition has been filed to direct the

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

dated 18.08.2020, pending on the file of the first 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

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

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

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, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai, Tamil Nadu 600 007.

2.The Inspector of Police, J1 Police Station, Saidapet, Chennai 600 033.

3.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

rm

CRL.O.P.No.17473 of 2020

04.01.2021

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