Shozhi @ Balagejam vs The Commissioner Of Police
2021 Latest Caselaw 22560 Mad

                                                                          CRL.O.P.No.20830 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 17.11.2021

                                                    CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                             CRL.O.P.No.20830 of 2021

                     Shozhi @ Balagejam                                     ... Petitioner

                                                      Versus

                     1. The Commissioner of Police,
                        No. 132, EVK Sampath Road,
                        Vepery, Periyamet,
                        Chennai,
                        Tamil Nadu 600 007.

                     2. The State Rep. By
                        The Inspector of Police,
                        206, Nehru Bazar Road,
                        Vivekananda Nagar,
                        TNHB Mig V Block,
                        Avadi,
                        Tamil Nadu 600 054.                                 ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent police to register
                     FIR against the accused persons 1. Vijaya, 2. Madhavan, 3. Prabakaran
                     based on the complaint dated 09.02.2021 to conduct enquiry and
                     investigate the same in accordance with law.

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                   CRL.O.P.No.20830 of 2021




                                        For Petitioner     : Mr.R.Prabhakaran

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

                                                           ORDER

This Criminal Original Petition has been filed to direct the

respondent police to register FIR against the accused persons 1. Vijaya,

2. Madhavan, 3. Prabakaran based on the complaint dated 09.02.2021 to

conduct enquiry and investigate the same in accordance with law.

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

https://www.mhc.tn.gov.in/judis CRL.O.P.No.20830 of 2021

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

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.20830 of 2021

To

1. The Commissioner of Police, No. 132, EVK Sampath Road, Vepery, Periyamet, Chennai, Tamil Nadu 600 007.

2. The Inspector of Police, 206, Nehru Bazar Road, Vivekananda Nagar, TNHB Mig V Block, Avadi, Tamil Nadu 600 054.

3.The Public Prosecutor High Court, Madras.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.20830 of 2021

M.NIRMAL KUMAR, J.

rgi

CRL.O.P.No.20830 of 2021

17.11.2021

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