Syed Ali Fathima vs The Commissioner Of Police
2021 Latest Caselaw 22141 Mad

                                                                        Crl.O.P.No.20375 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.20375 of 2021

                     Syed Ali Fathima                                    ... Petitioner

                                                     Versus


                     State Rep.by
                     1.The Commissioner of Police
                       Greater Chennai Police
                       Vepery, Chennai 600 007.

                     2.The Inspector of Police
                       Madipakkam Police Station
                       Chennai 600 117.                                ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the second respondent to
                     register the complaint dated 20.04.2021 and investigate the same in
                     accordance with law.




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.20375 of 2021


                                      For Petitioner    :     Mr.D.Bharathy

                                      For Respondents :       Mr.A.Damodaran
                                                              Additional Public Prosecutor


                                                        ORDER

This petition has been filed to direct the second

respondent to register the complaint dated 20.04.2021 and

investigate the same in accordance with law.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20375 of 2021

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 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.20375 of 2021

M.NIRMAL KUMAR, J.

dna

To

1.The Commissioner of Police Greater Chennai Police Vepery, Chennai 600 007.

2.The Inspector of Police Madipakkam Police Station Chennai 600 117.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.20375 of 2021

10.11.2021

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