S.Mallika vs The Superintendent Of Police
2021 Latest Caselaw 455 Mad

                                                                                     Crl.O.P.No.16 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 06.01.2021

                                                            CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                     Crl.O.P. No.16 of 2021

                S.Mallika                                                                 .. Petitioner
                                                         .vs.

                1. The Superintendent of Police,
                   District Crime Branch,
                   Salem District.

                2. The Sub - Inspector of Police,
                   Valapadi Police Station,
                   Valapadi Taluk,
                   Salem District.                                                     ..Respondents

                PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to direct the Respondent police to register the case on the
                complaint dated 23.11.2020 investigate the same and to file final report.


                                    For Petitioner      : Mr.A.Nagarathinam

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

                                                            ORDER

This petition has been filed to direct the Respondent police to register the

case on the complaint dated 23.11.2020 investigate the same and to file final

report.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.16 of 2021

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.

This Criminal Original Petition is disposed of accordingly.

06.01.2021 Index :Yes/No Internet:Yes/No ssr https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.16 of 2021

To

1. The Superintendent of Police, District Crime Branch, Salem District.

2. The Sub - Inspector of Police, Valapadi Police Station, Valapadi Taluk, Salem District.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.16 of 2021

N. ANAND VENKATESH,. J.

ssr

Crl.O.P. No.16 of 2021

06.01.2021 https://www.mhc.tn.gov.in/judis/