Y.Nazar vs The State Rep. By
2021 Latest Caselaw 6067 Mad

                                                                                       W.P.No.5742 of 2021

                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED     08.03.2021

                                                        CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                  W.P.No.5742 of 2021

                 Y.Nazar, S/o. Yunus                                                   .. Petitioner

                                                            Vs.
                 1. The State Rep. By
                    The District Superintendent of Police,
                    O/o. District Superintendent of Police,
                    Dharmapuri.

                 2. The State Rep. by
                    The Inspector of Police,
                    B-1, Dharmapuri Police Station,
                    Dharmapuri, Dharmapuri District.                                   .. Respondent

                 PRAYER: Writ Petition filed under Article 226 of Constitution of India,
                 seeking Writ of Mandamus directing the 2nd respondent to register the case
                 based      on    the   petitioner's   complaint       dated   06.03.2020   and     CSR
                 No.134/2020, dated 13.03.2020 issued by the 2nd respondent.
                                 For Petitioner     : Mr.D.Ramesh Kumar

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

                                                        ORDER

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

register the case based on the petitioner's complaint dated 06.03.2020 and

CSR No.134/2020, dated 13.03.2020 issued by the 2nd respondent.

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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 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.

This writ petition is disposed of accordingly. No costs.

08.03.2021 Speaking/Non speaking order Index :Yes/No Internet:Yes/No kal To

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1. The District Superintendent of Police, O/o. District Superintendent of Police, Dharmapuri.

2. The State Rep. by The Inspector of Police, B-1, Dharmapuri Police Station, Dharmapuri, Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in W.P.No.5742 of 2021

N. ANAND VENKATESH,J

kal

W.P.No.5742 of 2021

08.03.2021

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