Rajarajeswari vs The Superintendent Of Police
2021 Latest Caselaw 20842 Mad

                                                                                  Crl.O.P.No.18306 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.18306 of 2021

                     Rajarajeswari                                                 ... Petitioner

                                                             Versus


                     1.The Superintendent of Police,
                       Thiruvallur Superintendent of Police office,
                       Thiruvallur District.

                     2.The District crime branch,
                       Thiruvallur,
                       Thiruvallur District.                                       ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents to register the FIR
                     based on the petitioner's complaint dated 08.07.2021 and to file a final
                     report within the stipulated time.
                                       For Petitioner    :       Mr.R.Parthiban

                                       For Respondents :         Mr.R.Vinoth Raja,
                                                                 Government Advocate (crl.side)
                                                             *****


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.18306 of 2021


                                                         ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioner's complaint dated 08.07.2021.

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.18306 of 2021

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

4.This Criminal Original Petition is disposed of accordingly.

08.10.2021 Index: Yes/No Internet: Yes/No

mpl

To

1.The Superintendent of Police, Thiruvallur Superintendent of Police office, Thiruvallur District.

2.The District crime branch, Thiruvallur, Thiruvallur District.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18306 of 2021

M.NIRMAL KUMAR, J.

mpl

CRL.O.P.No.18306 of 2021

08.10.2021

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