Brinda Kesavan vs The State Rep.By
2021 Latest Caselaw 125 Mad

                                                                1              Crl.OP No.18370 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.18370 of 2020

                     Brinda Kesavan                                                    ...Petitioner

                                                         .Vs.

                     1.The State rep.by
                       The Commissioner of Police
                       Periyar Salai, Chennai.

                     2.The Assistant Commissioner of Police
                       Pallavaram Police Station,
                       Zamin Pallavaram, Chennai.

                     2A.The Inspector of Police
                      Pallavaram Police Station,
                      Chennai.

                     3.Sakthi Murugan
                     4.Monisha @ Anu                                               ...Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents to register the FIR
                     based on the petitioner's complaint dated 07.03.2020.

                                      For Petitioner   : M/s.V.Mahathi Chari

                                       For RR 1, 2&2A : Mr.M.Mohamed Riyaz
                                                         (Crl.Side)
                                                          Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
                                                              2              Crl.OP No.18370 of 2020



                                                      ORDER

This Criminal Original Petition has been filed to direct the

respondents 1, 2 and 2A to register the FIR, based on the petitioner's

complaint dated 07.03.2020.

2.Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor appearing on behalf of the

respondents 1, 2 and 2A.

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

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.

04.01.2021

Index : Yes/No Internet: Yes/No KP

To

1.The Commissioner of Police Periyar Salai, Chennai.

2.The Assistant Commissioner of Police Pallavaram Police Station, Zamin Pallavaram, Chennai.

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

4.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH. J.,

KP

CRL.O.P.No.18370 of 2020

04.01.2021

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