Selvalakshmi vs The Inspector Of Police
2021 Latest Caselaw 294 Mad

                                                                              Crl.O.P No.16407 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.16407 of 2020

                    Selvalakshmi
                    W/o.Veerabagu
                                                                               ...Petitioner


                              Vs

                    1. The Inspector of Police
                    T-13, Kundrathur Police Station,
                    Kancheepuram District.

                    2. Lavanya                                            ..Respondents

                    PRAYER: Criminal Original Petition filed under Section 482 of the Code

                    of Criminal Procedure, to direct the respondent police to register a case

                    based on the petitioners complaint dated 24.08.2020 pending on the file of

                    the first respondent herein against the second respondent in accordance

                    with law.

                                          For Petitioner   : Mr.G.Sudhagar

                                          For Respondents : Mr.M.Mohamed Riyaz
                                                            Additional Public Prosecutor



                    1
https://www.mhc.tn.gov.in/judis/
                                                                              Crl.O.P No.16407 of 2020

                                                       ORDER

This petition has been filed to direct the first respondent

Police to register a case based on the petitioner's complaint dated

24.08.2020, pending on the file of the first respondent Police.

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

Additional Public Prosecutor appearing on behalf of the 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 to the petitioner to workout her 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.16407 of 2020

4. This Criminal Original Petition is disposed of accordingly.

                                                                                       05.01.2021

                    Index      : Yes/No
                    Internet   : Yes/No

Speaking Order/Non-Speaking Order

rli

To

1. The Inspector of Police T-13, Kundrathur Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P No.16407 of 2020

N. ANAND VENKATESH, J.

rli

Crl.O.P No.16407 of 2020

05.01.2021

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