Dr.S.Tahmina vs State Rep. By
2021 Latest Caselaw 1535 Mad

                                                                                    Crl.O.P.No.819 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 22.01.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P.No.819 of 2021

                     Dr.S.Tahmina                                                .. Petitioner

                                                                Vs.
                     1. State rep. by
                     The Inspector of Police,
                     All Women Police station,
                     Mamallaputam,
                     Kanchipuram District.

                     2. Dr.C.S.Umaakanth Soundar
                                                                                   .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the first respondent Police to register the
                     complaint of the petitioner dated 28.12.2020.


                                          For Petitioner    : Mr.R.M.Makesh Kumaravel
                                          For Respondent        : Mr.C.Raghavan
                                                                  Govt. Advocate (Crl.side)




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https://www.mhc.tn.gov.in/judis/
                                                                                      Crl.O.P.No.819 of 2021



                                                          ORDER

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

register a case based on the petitioner's complaint dated 28.12.2020,

pending on the file of the first respondent Police.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl. Side) appearing on behalf of first 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.819 of 2021

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.

22.01.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order

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To

1. State rep. by The Inspector of Police, All Women Police station, Mamallaputam, Kanchipuram District.

2. The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.819 of 2021

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Crl.O.P.No.819 of 2021

22.01.2021

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