S.Vasumathi vs The Inspector Of Police
2021 Latest Caselaw 5939 Mad

                                                                                  Crl.O.P.No.4385 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 05.03.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                Crl.O.P.No.4385 of 2021


                     S.Vasumathi                                                         .. Petitioner

                                                                Vs.

                     The Inspector of Police,
                     All Women Police Station,
                     Sankagiri,
                     Salem District.                                                    .. Respondent

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

                     Procedure Code, to direct the respondent to register the case of the

                     complaint given by the petitioner in CSR No.199 of 2020 dated 01.06.2020.



                                          For Petitioner        : Mr.K.Bommuraj

                                          For Respondent        : Mr.C.Raghavan
                                                                  Government Advocate




                                                           Page 1 of 4



https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.4385 of 2021

                                                        ORDER

This petition has been filed to direct the respondent to register the

case of the complaint given by the petitioner in CSR No.199 of 2020 dated

01.06.2020.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4385 of 2021

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.

This Criminal Original Petition is disposed of accordingly.

05.03.2021

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

To

1.The Inspector of Police, All Women Police Station, Sankagiri, Salem District.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4385 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.4385 of 2021

05.03.2021

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