K.Girija vs The Superintendent Of Police
2021 Latest Caselaw 11324 Mad

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                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED     19.05.2021

                                                        CORAM

                                 THE HONOURABLE MRS.JUSTICE R.HEMALATHA


                                            Crl.O.P.No.8830 of 2021


                      K.Girija                                                   ... Petitioner


                                                         Vs.

                      1. The Superintendent of Police,
                         Krishnagiri District.

                      2. The Sub Inspector of Police,
                         KRP Dam Police Station,
                         Krishnagiri District.                                ... Respondents


                      PRAYER:      Criminal Original Petition is filed under Section 482 of
                      Criminal Procedure Code, to direct the respondents to register the
                      FIR based on the complaint dated 22.03.2021.


                                   For Petitioner              : Mr.S.C.Vishwanath

                                   For Respondents             : Mr.L.Baskaran
                                                                 Counsel for Government
                                                                 (Criminal Side)




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                                                         ORDER

This criminal original petition has been filed to direct the

respondents to register FIR based on the complaint dated

22.03.2021.

2. Heard the learned counsel for the petitioner and the

learned counsel for Government (Criminal Side) appearing on

behalf of respondents.

3. This petition is not maintainable, in view of the decision of 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 in

M.Subramaniam v. S. Janaki reported in (2020) 5 CTC 464,

after relying upon Sakiri Vasu Case, has categorically held that

High Courts 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 the

alternative remedy provided under Section 154 and Section 156 (3)

of Cr.P.C. Liberty is given to the petitioner to workout his remedy as

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per the directions issued by the Division Bench in the order

referred supra.

4.This Criminal Original Petition stands dismissed.

19.05.2021

Speaking/non-speaking order Index : Yes/No Internet : Yes/No ssr/mkn

To

1. The Superintendent of Police, Krishnagiri District.

2. The Sub Inspector of Police, KRP Dam Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

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R.HEMALATHA,J.

ssr

Crl.O.P.No.8830 of 2021

19.05.2021

http://www.judis.nic.in