L.Vimala vs The Inspector Of Police
2021 Latest Caselaw 5668 Mad

                                                                                   Crl.O.P.No.4119 of 2021

                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 03.03.2021

                                                          CORAM

                          THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                Crl.O.P.No.4119 of 2021
                      L.Vimala                                                          .. Petitioner

                                                               Vs.
                      The Inspector of Police,
                      G-2, Periamet Police Station,
                      Periamet, Chennai.                                             .. Respondent

                      Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                      Procedure Code, directing the respondent Police to register the case
                      pertaining to the petitioner complaint dated 04.01.2021 vide CSR.No.4 of
                      2021 dated 12.01.2021 in accordance with law.
                                         For Petitioner        : Mr.A.P.Ramesh
                                         For Respondent        : Mr.M.Mohamed Riyaz
                                                                 Additional Public Prosecutor

                                                     ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 04.01.2021,

pending on the file of the respondent Police.

http://www.judis.nic.in Crl.O.P.No.4119 of 2021

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 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.

4. This Criminal Original Petition is disposed of accordingly.

http://www.judis.nic.in Crl.O.P.No.4119 of 2021

03.03.2021

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

rli

To

1. The Inspector of Police, G-2, Periamet Police Station, Periamet, Chennai.

3. The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in Crl.O.P.No.4119 of 2021

N. ANAND VENKATESH,J

rli

Crl.O.P.No.4119 of 2021

03.03.2021

http://www.judis.nic.in