Nirmala vs The State Rep. By
2021 Latest Caselaw 22558 Mad

                                                                         Crl.O.P.No.21217 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.21217 of 2021

                     Nirmala                                                 ... Petitioner

                                                        Vs.

                     1. The State Rep. By,
                        The Superintendent of Police,
                        Villupuram,
                        Villupuram District.

                     2. The State Rep. By
                        The Inspector of Police,
                        Valathi Police Station,
                        Villupuram District.                                ... Respondents




                     PRAYER: Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the second respondent to register
                     the petitioner complain on the basis of the complaint given by the
                     petitioner dated 19.09.2021 and consequently to direct the first
                     respondent to supervise the investigation.




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.21217 of 2021

                                        For Petitioner     : Mr.D. Arun

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

                                                           ORDER

This Criminal Original Petition has been filed to direct the

second respondent to register the petitioner complain on the basis of the

complaint given by the petitioner dated 19.09.2021 and consequently to

direct the first respondent to supervise the investigation.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21217 of 2021

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.

                                                                                           17.11.2021

                     Index              : Yes/No
                     Internet           : Yes/No
                     rgi

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21217 of 2021

To

1. The Superintendent of Police, Villupuram, Villupuram District.

2. The Inspector of Police, Valathi Police Station, Villupuram District.

3.The Public Prosecutor High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21217 of 2021

M.NIRMAL KUMAR, J.

rgi

CRL.O.P.No.21217 of 2021

17.11.2021

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