Margret Santha Devi vs The State
2021 Latest Caselaw 721 Mad

                                                                            Crl. OP No.20083 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 08.01.2021

                                                      CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.20083 of 2020

                     Margret Santha Devi                                             ... Petitioner
                                                         vs.

                     1. The State,
                        Rep. By Inspector of Police,
                        V-5, Thirumangalam Police Station,
                        Chennai – 600 040.

                     2. Arulraj
                        Proprietor of Madha Academy Institute,
                        having office at No.128/18A,
                        2nd Floor Emerald Flat,
                       Thirumangalam, Chennai 40.

                     3. V.Janakiraman                                               ... Respondents



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

                     of Criminal Procedure, to direct the first respondent herein to take further

                     action based on the petitioner's complaint dated 12.01.2020.




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                Crl. OP No.20083 of 2020



                                           For Petitioner     : Mr.R.Rajesh Kumar
                                           For Respondent     : Mr.Mohammed Riyaz
                                                                Additional Public Prosecutor


                                                            ORDER

This petition has been filed to direct the first respondent Police to

take further action based on the petitioner's complaint dated 12.01.2020.

2. Heard the learned counsel appearing 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

https://www.mhc.tn.gov.in/judis/ Crl. OP No.20083 of 2020

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.

4. This Criminal Original Petition is disposed of accordingly.

                                                                                          08.01.2021

                     Index      : Yes/No
                     Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

1. The Inspector of Police, V-5, Thirumangalam Police Station, Chennai – 600 040.

2. The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl. OP No.20083 of 2020

N. ANAND VENKATESH, J.

jv

Crl.O.P No.20083 of 2020

08.01.2021

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