M.Vandhana vs State By
2021 Latest Caselaw 89 Mad

                                                                            Crl.O.P.No.20055 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.20055 of 2020

                     M.VANDHANA                                              .. Petitioner
                                                        .vs.

                     STATE BY
                     THE INSPECTOR OF POLICE
                     ALL WOMEN POLICE STATION
                     VADAPALANI, CHENNAI.                                    ..Respondent



                               This Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent/police to
                     register the FIR based on the complaint of the petitioner in Cr.No.4
                     of 2020 pending on the file of the respondent police.


                                      For Petitioner           : Mr.B.Natarajan

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




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                         Crl.O.P.No.20055 of 2020

                                                        ORDER

This petition has been filed to direct the respondent police to

register the FIR based on the complaint of the petitioner in Cr.No.4

of 2020 pending on the file of the respondent police.

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.20055 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 INSPECTOR OF POLICE ALL WOMEN POLICE STATION VADAPALANI, CHENNAI.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20055 of 2020

N. ANAND VENKATESH,. J., mra

Crl.O.P. No.20055 of 2020

04.01.2021

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