J. Nithya vs The State
2021 Latest Caselaw 871 Mad

                                                                      Crl.op.352 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.352 of 2021

                     J. Nithya                                                         .. Petitioner
                                                         .vs.

                           1. The State, represented by
                              the Superintendent of Police,
                              Krishnagiri District.
                           2. The Inspector of Police,
                              Hosur Police Station,
                              Krishnagiri District.                                 .. Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the 2nd respondent to register the
                     complaint of the petitioner dated 17.12.2020.

                                      For Petitioner  : Mr.C.Magesh Kumar
                                      For Respondents : 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 17.12.2020 of the petitioner.

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

Addl. Public Prosecutor appearing on behalf of the respondents.

N. ANAND VENKATESH,. J.

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

Crl.op.352 of 2021 dt.11.01.2021

msr

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 Superintendent of Police,
                        Krishnagiri District.
                     2. The Inspector of Police,
                        Hosur Police Station,
                        Krishnagiri District.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P. No.352 of 2021

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