A.Sumya Gousar vs The State Rep. By Its
2021 Latest Caselaw 22200 Mad

                                                                            CRL.O.P.No.20758 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 11.11.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.20758 of 2021

                     A.Sumya Gousar                                                ... Petitioner

                                                         Versus

                     1.The State Rep. by its
                       The Deputy Commissioner of Police,
                       Law and Order,
                       Salem City, Salem.

                     2.The Sub Inspector of Police,
                       All Women Police Station,
                       Suramangalam, Salem.                                    ... 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 13.09.2021 and file a FIR.

                                      For Petitioner   : Mr.S.P.Yuaraj

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


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                  CRL.O.P.No.20758 of 2021




                                                          ORDER

This Criminal Original Petition has been filed to direct the second

respondent to register the petitioner's complaint dated 13.09.2021 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

https://www.mhc.tn.gov.in/judis CRL.O.P.No.20758 of 2021

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.

                                                                                           11.11.2021

                     Index              : Yes/No
                     Internet           : Yes/No
                     vm

                     To

1.The Deputy Commissioner of Police, Law and Order, Salem City, Salem.

2.The Sub Inspector of Police, All Women Police Station, Suramangalam, Salem.

3.The Public Prosecutor High Court, Madras.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.20758 of 2021

M.NIRMAL KUMAR, J.

vm

CRL.O.P.No.20758 of 2021

11.11.2021

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