S.Shanthi vs State Rep.By
2021 Latest Caselaw 6266 Mad

                                                          1            Crl.O.P.No.4590 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 09.03.2021

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                             Crl.O.P No.4590 of 2021

                     S.Shanthi                                       .. Petitioner

                                                        Vs.

                     1. STATE REP.BY
                        THE SUPERINTENDENT OF POLICE, SALEM DISTRICT,
                        SALEM.

                     2. THE INSPECTOR OF POLICE
                        EDAPADI TOWN POLICE STATION, EDAPADI,
                        SALEM DISTRICT.
                                                                  .. Respondents
                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to
                     register the FIR against the accused persons based on the
                     petitioners complaint dated 02.02.2021.




                                     For Petitioner : Mr.K.Gandhi Kumar
                                     For Respondent : Mr.Mohamed Riyaz
                                                      Additional Public Prosecutor



https://www.mhc.tn.gov.in/judis/
                                                          2             Crl.O.P.No.4590 of 2021



                                                      ORDER

This petition has been filed to direct the respondent Police

to register a case based on the petitioner complaint dated

02.02.2021 pending on the file of the respondent Police.

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

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.

This Criminal Original Petition is disposed of accordingly.

                                                                                 09.03.2021


                     Index          : Yes/No
                     Internet       : Yes/No
                     rka

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

N. ANAND VENKATESH, J.

rka

To

1. STATE REP.BY THE SUPERINTENDENT OF POLICE, SALEM DISTRICT, SALEM.

2. THE INSPECTOR OF POLICE EDAPADI TOWN POLICE STATION, EDAPADI, SALEM DISTRICT..

3. The Public Prosecutor, High Court, Madras.

Crl.O.P No.4590 of 2021

09.03.2021 https://www.mhc.tn.gov.in/judis/