S.Nasrin Banu vs State Rep.By
2021 Latest Caselaw 140 Mad

                                                          1             Crl.OP No.17212 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.17212 of 2020


                     S.Nasrin Banu                                              ...Petitioner

                                                        .Vs.


                     State rep.by:
                     The Inspector of Police,
                     T-6 Police Station, Avadi,
                     Chennai 600 054.                                         ...Respondent



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register
                     the complaint dated 11.11.2029.



                                      For Petitioner    : Mr.Y.Mohamed Ghouse

                                      For Respondent : Mr.M.Mohamed Riyaz
                                                     (Crl.Side)
                                                      Additional Public Prosecutor




                                                       ORDER

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

This Criminal Original Petition has been filed to direct the

respondent police to register the complaint dated 11.11.2019.

2.Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor appearing on behalf of the

respondent.

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 issued by the Division Bench in the order referred https://www.mhc.tn.gov.in/judis/

supra.

This Criminal Original Petition is disposed of

accordingly.

04.01.2021

Index : Yes/No Internet: Yes/No KP

To

1.The Inspector of Police, T-6 Police Station, Avadi, Chennai 600 054.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH.J.,

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

CRL.O.P.No.17212 of 2020

04.01.2021

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