Lakshmi vs The Superintendent Of Police
2021 Latest Caselaw 21964 Mad

                                                       CRL.O.P.No.20280 of 2021


         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                            DATED : 02.11.2021

                                  CORAM:

           THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                         CRL.O.P.No.20280 of 2021

Lakshmi                                            ... Petitioner

                                   Versus

1. The Superintendent of Police,
   Salem District.

2. The Inspector of Police,
   Attur Rural Police Station,
   Salem District.

3. Kannaiyan

4. C.Krishnan                                      ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the second respondent herein viz
the Inspector of police, Attur Rural Police Station, Salem District to
conduct enquiry and register a case based on the petitioner complaint
dated 27.09.2021.

                 For Petitioner  : Mr.A.Rajakumar
                 For Respondents : Mr.R.Vinothraja
                                   Government Advocate [Crl. Side]
                                  *****

Page No.1 of 4
                                                         CRL.O.P.No.20280 of 2021


                                 ORDER

This Criminal Original Petition has been filed to direct the second

respondent herein viz the Inspector of police, Attur Rural Police Station,

Salem District to conduct enquiry and register a case based on the

petitioner complaint dated 27.09.2021.

2.Heard the learned counsel for the petitioner and the learned

Government Advocate appearing on behalf of the respondents.

3.This petition is not maintainable, in view of the Order passed by

the 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

CRL.O.P.No.20280 of 2021

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.

                                                                  02.11.2021

Index            : Yes/No
Internet         : Yes/No
drm/ah

To

1. The Superintendent of Police,
   Salem District.

2. The Inspector of Police,
   Attur Rural Police Station,
   Salem District.

3.The Public Prosecutor
  High Court, Madras.





                         CRL.O.P.No.20280 of 2021


                  M.NIRMAL KUMAR, J.

                                       drm/ah




                 CRL.O.P.No.20280 of 2021




                                  02.11.2021