P. Sinduja vs The District Superintendent Of ...
2021 Latest Caselaw 869 Mad

                                                                       Crl.op.311 of 2021 dt.11.01.2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 11.01.2021

                                                         CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P. No.311 of 2021

                     P. Sinduja                                                         .. Petitioner
                                                         .vs.

                     State represented by
                        1. The District Superintendent of Police,
                            District Police Office,
                            Krishnagiri.
                            Krishnagiri District 635 001.
                        2. The Inspector of Police,
                            Maharajakadai Police Station,
                            Krishnagiri District.                                   .. Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the 2nd respondent Police to register the
                     complaint dated 12.3.2020 and file the FIR against Dr.B.Saravanakumar.

                                      For Petitioner     : Mr.P.Sinduja Party

                                      For Respondent     : Mr.M. Mohamed Riyaz,
                                                           Addl. Public Prosecutor

                                                         ORDER

This petition has been filed to direct the respondent to register the

FIR based on the complaint dated 12.3.2020 of the petitioner.

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

Crl.op.311 of 2021 dt.11.01.2021

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

Addl. 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.

4. This Criminal Original Petition is disposed of accordingly.

                                                                                         11.01.2021
                     Index           : Yes/No
                     Internet        : Yes/No
                     msr

                     To

1.The District Superintendent of Police, https://www.mhc.tn.gov.in/judis/

Crl.op.311 of 2021 dt.11.01.2021

District Police Office, Krishnagiri, Krishnagiri District 635 001.

2. The Inspector of Police, Maharajakadai Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court of Madras.

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

Crl.op.311 of 2021 dt.11.01.2021

N. ANAND VENKATESH,. J.

msr

Crl.O.P. No.311 of 2021

11.01.2021

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