Kavitha vs The Inspector Of Police
2021 Latest Caselaw 290 Mad

                                                          1              Crl.OP No.20020 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.20020 of 2020


                     Kavitha                                                   ...Petitioner

                                                        .Vs.


                     The Inspector of Police,
                     All Women Police Station,
                     Vellore,
                     Vellore District.                                         ...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to take appropriate action on the complaint of the petitioner dated 29.10.2020 in accordance with law within a time stipulated by this Hon'ble Court.

For Petitioner : Mr.R.Dhanasekar

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

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

This Criminal Original Petition has been filed to direct

the respondent to take appropriate action on the complaint of the

petitioner dated 29.10.2020

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 Inspector of Police, All Women Police Station, Vellore, Vellore District.

2.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.J.,

KP

CRL.O.P.No.20020 of 2020

05.01.2021

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