Vasuki vs The State Rep. By Its
2021 Latest Caselaw 21965 Mad

                                                         CRL.O.P.No.20090 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.20090 of 2021

Vasuki                                                     ... Petitioner

                                    Versus

1.The State Rep. by its
  Superintendent of Police,
  Dharmapuri District,
  Dharmapuri.

2.The Inspector of Police,
  B-1, Town Police Station,
  Dharmapuri District,
  Dharmapuri.                                     ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure, to direct the second respondent to register

the petitioner's complaint dated 07.09.2021 and file a FIR.

                 For Petitioner   : Mr.A.Ilaya Perumal

                 For Respondents : Mr.R.Vinothraja
                                   Government Advocate [Crl. Side]
                                  *****
                                 ORDER

CRL.O.P.No.20090 of 2021

This Criminal Original Petition has been filed to direct the second

respondent to register the petitioner's complaint dated 07.09.2021 and

file a FIR.

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

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

CRL.O.P.No.20090 of 2021

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
ah

To

1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, B-1, Town Police Station, Dharmapuri District, Dharmapuri.

3.The Public Prosecutor High Court, Madras.

CRL.O.P.No.20090 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.20090 of 2021

02.11.2021