S.Saroja vs 2 State By
2021 Latest Caselaw 85 Mad

                                                                                  Crl.O.P.No.19903 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.19903 of 2020

                     S.SAROJA                                                    .. Petitioner
                                                             .vs.

                     1         THE SUPERINTENDENT OF POLICE
                               ERODE DISTRICT.

                     2         STATE BY
                               THE INSPECTOR OF POLICE
                               CHITODE POLICE STATION
                               ERODE DISRICT.                                     .. Respondents

                               This Criminal Original Petition is filed under Section 482 of the

                     Code of Criminal Procedure to direct the 2nd respondent to register

                     the case on the basis of the complaint given by the petitioner dated

                     26.06.2020.



                                      For Petitioner                : Mr.S.Sivakumar

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



                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                        Crl.O.P.No.19903 of 2020



                                                       ORDER

This petition has been filed to direct the 2nd respondent to

register the case on the basis of the complaint given by the

petitioner dated 26.06.2020.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19903 of 2020

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.

4. This Criminal Original Petition is disposed of accordingly.

04.01.2021 mra

Speaking/Non-speaking order Index : Yes/No Internet : Yes/No

To 1 THE SUPERINTENDENT OF POLICE ERODE DISTRICT.

2 THE INSPECTOR OF POLICE CHITODE POLICE STATION ERODE DISRICT.

3. THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.19903 of 2020

mra

Crl.O.P. No.19903 of 2020

04.01.2021

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