M.Rekha vs The Superintendent Of Police
2021 Latest Caselaw 1272 Mad

                                                                             Crl. OP No.574 of 2021

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 20.01.2021

                                                         CORAM

                          THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P No.574 of 2021

                      M.Rekha                                                      ... Petitioner
                                                           vs.

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

                      2. The Inspector of Police,
                         PN Palayam Police Station,
                         Coimbatore District.                                    ... Respondents



                      PRAYER: Criminal Original Petition filed under Section 482 of the Code

                      of Criminal Procedure, to direct the second respondent police, to register

                      FIR in the complaint of the petitioner referred by the First Respondent

                      Police letter in Na.Ka.No.869/SP-CBE/GDP/2020 dated 23.11.2020, which

                      is pending on the file of second respondent police.




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                                                                               Crl. OP No.574 of 2021

                                         For Petitioner     : Mr.B.Natarajan
                                         For Respondents : Mr.Mohammed Riyaz
                                                           Additional Public Prosecutor


                                                          ORDER

This petition has been filed to direct the second respondent Police to

register a case based on the petitioner's complaint dated 23.11.2020

pending on the file of the second 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

http://www.judis.nic.in Crl. OP No.574 of 2021

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 issued by the

Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

                                                                                       20.01.2021

                      Index      : Yes/No
                      Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

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

2. The Inspector of Police, PN Palayam Police Station, Coimbatore District.

3. The Public Prosecutor, High Court of Madras, Chennai 600 104.

http://www.judis.nic.in Crl. OP No.574 of 2021

N. ANAND VENKATESH, J.

jv

Crl.O.P No.574 of 2021

20.01.2021

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