R. Vinitha vs The State Rep By
2021 Latest Caselaw 22555 Mad

                                                                            Crl.O.P.No.20854 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 17.11.2021

                                                        CORAM

                             THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                                Crl.O.P.No.20854 of 2021

                     R. Vinitha                                                  ... Petitioner

                                                          Vs.

                     The State Rep by
                     Sub-Inspector of Police,
                     All Women Police Station,
                     Virudhachalam Taluk,
                     Cuddalore District - 606 001.                             ... Respondent



                     PRAYER: Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register an FIR
                     based on the petitioner complaint dated 24.08.2021.


                                      For Petitioner   : Mr.K.Jayabalan
                                      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.20854 of 2021



                                                         ORDER

This Criminal Original Petition has been filed to direct the

respondent to register an FIR based on the petitioner complaint dated

24.08.2021.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate appearing on behalf of the respondent.

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.20854 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.

                                                                                           17.11.2021

                     Index              : Yes/No
                     Internet           : Yes/No
                     rgi

                     To

                     1. Sub-Inspector of Police,
                        All Women Police Station,
                        Virudhachalam Taluk,
                        Cuddalore District - 606 001.

                     2.The Public Prosecutor
                       High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20854 of 2021

M.NIRMAL KUMAR, J.

rgi

CRL.O.P.No.20854 of 2021

17.11.2021

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