Kanmani vs State By All Women Police Station
2021 Latest Caselaw 22142 Mad

                                                                               Crl.O.P.No.20369 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.20369 of 2021

                     Kanmani                                                    ... Petitioner

                                                           Versus


                     State by All Women Police Station
                     Poonamallee.                                              ... Respondent


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register an
                     FIR pursuant the complaint given by the petitioner dated
                     17.07.2021.




                                      For Petitioner   :       Mr.V.V.Sairam

                                      For Respondent :         Mr.A.Damodaran
                                                               Additional Public Prosecutor


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.20369 of 2021


                                                        ORDER

This petition has been filed to direct the respondent to

register an FIR pursuant the complaint given by the petitioner dated

17.07.2021.

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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20369 of 2021

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

To

1.The All Women Police Station Poonamallee.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20369 of 2021

M.NIRMAL KUMAR, J.

dna

CRL.O.P.No.20369 of 2021

10.11.2021

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