C.Chitra vs Superintendent Of Police
2021 Latest Caselaw 73 Mad

                                                            1              Crl.OP.No.18163 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 04.01.2021

                                                       CORAM

                          THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.18163 of 2020

                    C.Chitra                                                         .. Petitioner

                                                           vs.

                    1.Superintendent of Police,
                      Salem District,
                      Salem.

                    2.Inspector of Police,
                      Kolathur Police Station,
                      Salem.                                                     .. Respondents



                    PRAYER: Criminal Original Petition filed under Section 482 of the Code
                    of Criminal Procedure, to direct the respondents to enquire and register
                    the case based on the complaint of the petitioner dated 26.08.2020 in
                    C.S.R.No.143/2020.


                                          For Petitioner     : Mr.C.Selvaraj
                                          For Respondents : Mr.M.Mohamed Riyaz
                                                            (Crl.Side)
                                                            Additional Public Prosecutor


https://www.mhc.tn.gov.in/judis/
                                                              2              Crl.OP.No.18163 of 2020




                                                       ORDER

This Criminal Original Petition has been filed to direct the

respondents to enquire and register the case based on the petitioner's

complaint dated 26.08.2020 in C.S.R.No.143/2020.

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

Additional Public Prosecutor appearing on behalf of the respondenta.

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.

                                                                                       04.01.2021
                    Index           : Yes/No
                    Internet        : Yes/No
                    KP

                    To

                    1.Superintendent of Police,
                      Salem District,
                      Salem.

                    2.Inspector of Police,
                      Kolathur Police Station,
                      Salem.

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

N. ANAND VENKATESH, J.

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

Crl.O.P No.18163 of 2020

04.01.2021

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