Maria Selvam vs State By
2021 Latest Caselaw 1408 Mad

                                                                               Crl.O.P.No.689 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS


                                                    DATED : 21.01.2021

                                                          CORAM

                              THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                               Crl.O.P.No.689 of 2021


                Maria Selvam                                                  ... Petitioner

                                                           Vs.

                State by
                The Inspector of Police,
                V5- Thirumangalam Police Station,
                Chennai                                                   ... Respondent


                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.
                to direct the respondent police viz, the Inspector of Police, V5,
                Thirumangalam Police Station, Chennai to take further action and to
                investigate according to her complaint dated 06.01.2021.


                                   For Petitioner                : Mr.A.Rajaram
                                   For Respondent                : Mr.M.Mohamed Riyaz
                                                                  Additional Public Prosecutor


                                                          ORDER

https://www.mhc.tn.gov.in/judis/ This petition has been filed to direct the respondent Police

to register a case based on the petitioner's complaint dated Crl.O.P.No.689 of 2021

06.01.2021.

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 issued by the Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

21.01.2021

Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No https://www.mhc.tn.gov.in/judis/

rka Crl.O.P.No.689 of 2021

To

1. State by The Inspector of Police, V5- Thirumangalam Police Station, Chennai

2.The Public Prosecutor, Madras High Court.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.689 of 2021

N.ANAND VENKATESH,J.

rka

Crl.O.P.No.689 of 2021

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

21.01.2021