N.Santhikumari vs The Commissioner Of Police
2021 Latest Caselaw 5532 Mad

                                                                                  Crl.O.P.No.4069 of 2021

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED 02.03.2021

                                                     CORAM

                          THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                             Crl.O.P.No.4069 of 2021


                 N.Santhikumari                                                          .. Petitioner

                                                       Vs.

                 1. The Commissioner of Police,
                    Commissioner of Chennai,
                    Commissioner Officer, Vepery, Chennai – 9.

                 2. The Inspector of Police,
                    D-3, Ice House Police Station,
                    Triplicane,
                    Chennai – 5.                                                     .. Respondents

                 Prayer: Criminal Original Petition is filed under Section 482 of Criminal

                 Procedure Code, to direct the 2nd respondent to register the case of the petitioner

                 complaint dated 27.12.2020.

                                    For Petitioner     : Mr.N.Nandagopalan

                                    For Respondent     : Mr.C.Raghavan
                                                         Government Advocate




                                                      Page 1 of 4

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                                                                                        Crl.O.P.No.4069 of 2021



                                                         ORDER

This petition has been filed to direct the 2nd respondent to register the case of

the petitioner complaint dated 27.12.2020.

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

Advocate 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 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 her remedy as per the directions

issued by the Division Bench in the order referred supra.

http://www.judis.nic.in Crl.O.P.No.4069 of 2021

This Criminal Original Petition is disposed of accordingly.

02.03.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr

To

1. The Commissioner of Police, Commissioner of Chennai, Commissioner Officer, Vepery, Chennai – 9.

2. The Inspector of Police, D-3, Ice House Police Station, Triplicane, Chennai – 5.

3. The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in Crl.O.P.No.4069 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.4069 of 2021

02.03.2021

http://www.judis.nic.in