Malliga vs The Superintendent Of Police
2021 Latest Caselaw 316 Mad

                                                               1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 05.01.2021

                                                            CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                    Crl.O.P.No.17727 of 2020

                Malliga,
                W/o.late Rajasekaran.                                                 ... Petitioner
                                                              Vs.
                1.The Superintendent of Police,
                  O/o.The Superintendent of Police,
                  Dharmapuri District,
                  Dharmapuri.

                2.The Inspector of Police,
                  Perumpalai Police Station,
                  Dharmapuri District.                                                ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 of Cr.P.C. to
                direct the 2nd respondent police to complete the enquiry on the complaint given
                by the petitioner dated 12.10.2020 consequently to take action as per law
                against the accused persons.


                                   For Petitioner            : Mr.M.Senthilkumar
                                   For Respondents           : Mr.M.Mohamed Riyaz,
                                                               Additional Public Prosecutor.
                                                           ORDER

This Criminal Original Petition has been filed to direct the

respondent Police to complete the enquiry on the petitioner's complaint dated https://www.mhc.tn.gov.in/judis/

12.10.2020, pending on the file of the 2nd respondent police.

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 directions issued by the Division Bench in the

order referred supra.

This Criminal Original Petition is disposed of accordingly.

05.01.2021 Internet:Yes/No rm https://www.mhc.tn.gov.in/judis/

To

1.The Superintendent of Police, O/o.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, Perumpalai Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH.,J

rm

Crl.O.P.No.17727 of 2020

05.01.2021

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