K.Parvathi vs State Rep. By
2021 Latest Caselaw 264 Mad

                                                                                    Crl.O.P.No.20788 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 05.01.2021

                                                              CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                  Crl.O.P. No.20788 of 2020

                     K.Parvathi                                                            .. Petitioner
                                                              .vs.


                     1. State Rep. By
                        The Superintendent of Police,
                        Dharmapuri District,
                        Dharmapuri.

                     2. The Inspector of Police,
                        All Women Police Station,
                        Pennagaram,
                        Dharmapuri District.                                            ..Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the 2nd Respondent to register a case
                     based         on    the   petitioner's    complaint   dated    30.11.2019        vide
                     C.S.R.No.24/19 and to investigate the same in accordance with law.


                                        For Petitioner        : Mr.K.Gandhi Kumar

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




https://www.mhc.tn.gov.in/judis/
                                                                               Crl.O.P.No.20788 of 2020

                                                        ORDER

This petition has been filed to direct the 2nd Respondent to

register a case based on the petitioner's complaint dated 30.11.2019 vide

C.S.R.No.24/19 and to investigate the same in accordance with law.

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 his remedy as per the

directions issued by the Division Bench in the order referred supra. https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20788 of 2020

This Criminal Original Petition is disposed of accordingly.

                                                                                        05.01.2021

                     Index           : Yes/No
                     Internet        : Yes/No
                     ssr

                     To

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

2. The Inspector of Police, All Women Police Station, Pennagaram, Dharmapuri District.

3.The Public Prosecutor, High Court of Madras, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20788 of 2020

N. ANAND VENKATESH,. J.

ssr

Crl.O.P. No.20788 of 2020

05.01.2021

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