M.Radha vs The Inspector Of Police
2021 Latest Caselaw 22025 Mad

                                                         Crl.O.P.No.20389 of 2021


        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                              DATED : 08.11.2021


            THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                       Crl.O.P.No.20389 of 2021
M.Radha                             ...         Petitioner
                                Versus
The Inspector of Police,
E2, Royapettah Police Station,
Chennai.                            ...         Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the second respondent to register
the FIR based on the petitioner's complaints given on 13.03.2021.



                 For Petitioner   :     M/s.Mahathi Chari Vengipuram

                 For Respondent   :     Mr.A.Damodaran
                                        Additional Public Prosecutor

                                 ORDER

This petition has been filed to direct the second respondent to

register the FIR based on the petitioner's complaints given on

13.03.2021.

Crl.O.P.No.20389 of 2021

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 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.

Crl.O.P.No.20389 of 2021

4.This Criminal Original Petition is disposed of accordingly.

Index: Yes/No
Internet: Yes/No                                            08.11.2021
sms
To

1.The Inspector of Police,
  E2, Royapettah Police Station,
  Chennai.

2.The Public Prosecutor,
  High Court, Madras.





                         Crl.O.P.No.20389 of 2021


                 M.NIRMAL KUMAR, J.

                                           sms




                 Crl.O.P.No.20389 of 2021




                                 08.11.2021