A.R.Suganya vs State Rep By
2021 Latest Caselaw 86 Mad

                                                                            Crl.O.P.No.20076 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.20076 of 2020

                     A.R.SUGANYA                                            .. Petitioner
                                                       .vs.

                     STATE REP BY
                     COMMISSIONER OF POLICE
                     GREATER CHENNAI
                     CENTRAL CRIME BRANCH
                     VEPERY, CHENNAI.                                       ..Respondent


                               This Criminal Original Petition is filed under Section 482 of the

                     Code of Criminal Procedure to direct the respondent to register the

                     FIR on the complaint preferred by the petitioner dated 29.08.2020.



                                      For Petitioner          : Mr.Swarnam Rajagopalan

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




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                         Crl.O.P.No.20076 of 2020

                                                        ORDER

This petition has been filed to direct the respondent police to

register the FIR on the complaint preferred by the petitioner dated

29.08.2020.

2. Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor appearing on behalf of the

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 under Section 482 of

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20076 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. COMMISSIONER OF POLICE GREATER CHENNAI CENTRAL CRIME BRANCH VEPERY, CHENNAI.

2. THE PUBLIC PROSECUTOR, HIGH COURT OF MADRAS, MADRAS.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20076 of 2020

N. ANAND VENKATESH,. J., mra

Crl.O.P. No.20076 of 2020

04.01.2021

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