S.Veerammal vs 2 The Inspector Of Police
2021 Latest Caselaw 90 Mad

                                                                               Crl.O.P.No.20099 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.20099 of 2020

                     S.VEERAMMAL                                               .. Petitioner
                                                          .vs.

                     1 THE STATE REP BY
                       THE DEPUTY COMMISSIONER OF POLICE
                       O/O. DEPUTY COMMISSIONER OF POLICE
                       AMBATTUR POLICE ZONE,
                       AVADI CHENNAI - 600 054.

                     2   THE INSPECTOR OF POLICE
                         T-2 AMBATTUR INDUSTRIAL ESTATE POLICE STATION
                         AMBATTUR INDUSTRIAL ESTATE
                         CHENNAI - 600 058.                                    ..Respondents

                               This Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to register
                     the FIR upon the petitioner's complaint dated 04.11.2020 and to
                     investigate the same.


                                      For Petitioner             : Mr.R.Thirumoorthy

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


                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                        Crl.O.P.No.20099 of 2020




                                                       ORDER

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

register the FIR upon the petitioner's complaint dated 04.11.2020

and to investigate the same.

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.20099 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 STATE REP BY THE DEPUTY COMMISSIONER OF POLICE O/O. DEPUTY COMMISSIONER OF POLICE AMBATTUR POLICE ZONE, AVADI CHENNAI - 600 054.

2 THE INSPECTOR OF POLICE T-2 AMBATTUR INDUSTRIAL ESTATE POLICE STATION AMBATTUR INDUSTRIAL ESTATE CHENNAI - 600 058.

3. THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

N. ANAND VENKATESH,. J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20099 of 2020

mra

Crl.O.P. No.20099 of 2020

04.01.2021

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