P.Vennila vs The State Rep. By
2021 Latest Caselaw 22905 Mad

                                                                                 W.P.No.24856 of 2021


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 23.11.2021

                                               CORAM:
                               THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                          Writ Petiton.No.24856 of 2021

                 P.Vennila                                                       ... Petitioner
                                                       Versus

                 1.        The State Rep. by
                           The Commissioner of Police,
                           Chennai City,
                           Veppery, Chennai - 600 007.

                 2.        The Deputy Commissioner of Police,
                           Anna Nagar Police Station,
                           6th Ave, P Block,
                           Anna Nagar, Chennai - 40.

                 3.        The Inspector of Police,
                           Raajamangalam Police Station,
                           Kolathur, Chennai - 600 099.

                 4.        Sivakumar

                 5.        Bashkar                                            ... Respondents

                           Writ Petition has been filed under Article 226 of the Constitution of

                 India to issue a Writ of Mandamus directing the Respondents to consider

                 the representation dated 04.09.2021 made by the Petitioner.




                  Page No.1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                   W.P.No.24856 of 2021


                                   For Petitioner          : Mr.P.Pugalenthi

                                   For Respondents 1 to 3 : Mr.E.Raj Thilak
                                                            Additional Public Prosecutor


                                                     ORDER

This Writ Petition has been filed to direct the respondents to consider

the representation of the petitioner dated 04.09.2021.

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 the alternative remedy provided under

https://www.mhc.tn.gov.in/judis W.P.No.24856 of 2021

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 Writ Petition is disposed of accordingly. No costs.

                                                                                        23.11.2021

                 Index             : Yes/No
                 Internet          : Yes/No
                 vm/asr

                 To
                 1.The Commissioner of Police,
                   Chennai City,
                   Veppery, Chennai - 600 007.

2.The Deputy Commissioner of Police, Anna Nagar Police Station, 6th Ave, P Block, Anna Nagar, Chennai - 40.

3.The Inspector of Police, Raajamangalam Police Station, Kolathur, Chennai - 600 099.

4.The Public Prosecutor High Court, Madras.

M.NIRMAL KUMAR, J.

https://www.mhc.tn.gov.in/judis W.P.No.24856 of 2021

vm/asr

W.P.No.24856 of 2021

23.11.2021

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