Devi vs The State Rep By
2021 Latest Caselaw 20837 Mad

                                                                                Crl.O.P.No.18369 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 08.10.2021

                                                       CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                Crl.O.P.No.18369 of 2021

                     1. Devi.

                     2. Saravanan.                                                  ... Petitioners

                                                           Versus
                     The State rep by,
                     The Inspector of Police,
                     Kadaladi Police Station,
                     Kalasapakkam Taluk,
                     Tiruvannamalai District.                                      ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent police to register a
                     case based on the complaint dated 01.08.2021 in accordance with law.
                                       For Petitioner  :       Mr.S.Sivakumar
                                       For Respondents :       Mr.R.Vinoth Raja,
                                                               Government Advocate (crl.side)
                                                           *****

                                                           ORDER

This petition has been filed to direct the respondent Police to

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18369 of 2021

register a case based on the petitioner's complaint dated 01.08.2021.

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

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

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

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18369 of 2021

4.This Criminal Original Petition is disposed of accordingly.

08.10.2021 Index: Yes/No Internet: Yes/No

mpl

To

The Inspector of Police, Kadaladi Police Station, Kalasapakkam Taluk, Tiruvannamalai District.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18369 of 2021

M.NIRMAL KUMAR, J.

mpl

CRL.O.P.No.18369 of 2021

08.10.2021

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