E.Sivagami vs The Deputy Commissioner Of Police
2021 Latest Caselaw 289 Mad

                                                          1              Crl.OP No.19887 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.19887 of 2020


                     E.Sivagami                                                  ...Petitioner

                                                        .Vs.


                     1.The Deputy Commissioner of Police,
                       St.Thomas Mount,
                       Chennai 600 016.

                     2.The Inspector of Police,
                       S-14, Peerkankaranai Police Station,
                       Perungalathur, Tambaram,
                      Chennai 600 007.                                       ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents to
                     investigate and take further action on the complaint of the
                     petitioner dated 15.11.2020.

                                      For Petitioner    : Mr.V.Jeevagiridharan

                                      For Respondents : Mr.M.Mohamed Riyaz
                                                       (Crl.Side)
                                                       Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
                                                           2              Crl.OP No.19887 of 2020

                                                      ORDER

This Criminal Original Petition has been filed to direct

the respondents to investigate and take further action on the

complaint of the petitioner dated 15.11.2020.

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

directions issued by the Division Bench in the order referred

supra.

This Criminal Original Petition is disposed of

accordingly.

05.01.2021

Index : Yes/No Internet: Yes/No KP

To

1.The Deputy Commissioner of Police, St.Thomas Mount, Chennai 600 016.

2.The Inspector of Police, S-14, Peerkankaranai Police Station, Perungalathur, Tambaram, Chennai 600 007.

3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH.J., https://www.mhc.tn.gov.in/judis/

KP

CRL.O.P.No.19887 of 2020

05.01.2021

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