Riyas Fathima vs The Commissioner Of Police
2021 Latest Caselaw 22130 Mad

                                                                          Crl.O.P.No.20655 of 2021


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 10.11.2021

                                                    CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                           Crl.O.P.No.20655 of 2021


                     Riyas Fathima                                        ... Petitioner

                                                       Versus


                     1.The Commissioner of Police
                       Chennai City
                       Veppery
                       Chennai.

                     2.The Inspector of Police
                       S-15, Selaiyur Police Station
                       Chennai.                                          ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the second respondent to
                     register the First Information Report on the written complaint of the
                     petitioner dated 03.09.2021.



                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.20655 of 2021


                                      For Petitioner    :     Mr.I.Abdul Basith

                                      For Respondents :       Mr.A.Damodaran
                                                              Additional Public Prosecutor

                                                      ORDER

This petition has been filed to direct the second

respondent to register the First Information Report on the written

complaint of the petitioner dated 03.09.2021.

2. Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20655 of 2021

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 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.

10.11.2021 Index: Yes/No Internet: Yes/No dna

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20655 of 2021

M.NIRMAL KUMAR, J.

dna

To

1.The Commissioner of Police Chennai City Veppery Chennai.

2.The Inspector of Police S-15, Selaiyur Police Station Chennai.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.20655 of 2021

10.11.2021

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