Ishwariya vs State By
2021 Latest Caselaw 22753 Mad

                                                                               Crl.O.P.No.21445 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 19.11.2021

                                                      CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               Crl.O.P.No.21445 of 2021

                     Ishwariya                                             ... Petitioner

                                                          Versus
                     1. State by
                        The Superintendent of Police,
                        Cuddalore,
                        Cuddalore District.

                     2. Inspector of Police,
                        All Women Police Station,
                        Chidambaram,
                        Cuddalore District.                                 ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents to register the
                     petitioner's complaint dated 06.09.2021 and 20.09.2021.

                                      For Petitioner  :       Mr.A.Arasu Ganeshan
                                      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.21445 of 2021




                                                            ORDER

This petition has been filed seeking direction to the respondents to

register the petitioner's complaint dated 06.09.2021 and 20.09.2021.

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

Government Advocate (crl.side) appearing on behalf of the respondents.

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 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 his remedy as per the

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21445 of 2021

directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

19.11.2021 Index: Yes/No Internet: Yes/No

arr/shk

To

1. State by The Superintendent of Police, Cuddalore, Cuddalore District.

2. Inspector of Police, All Women Police Station, Chidambaram, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21445 of 2021

M.NIRMAL KUMAR, J.

arr/shk

CRL.O.P.No. 21445 of 2021

19.11.2021

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