N.Sundari vs The Superintendent Of Police
2021 Latest Caselaw 20935 Mad

                                                        Crl.O.P.No.18672 of 2021


           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                            DATED : 20.10.2021

                                  CORAM:

                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                          Crl.O.P.No.18672 of 2021

1. N.Sundari
2. Arivuselvan                                          ... Petitioners

                                  Versus

1.The Superintendent of Police,
  Chengalpattu District,
  Chengalpattu.

2.The Deputy Superintendent of Police,
  Vandaloor Zone, Vandalur,
  Guduvanchery, Chengalpattu District.

3.The Inspector of Police,
  H-2, Guduvancherry, police station,
  Guduvancherry, Chengalpattu District.                 ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the respondent police to direct the
3rd respondent police to conduct enquiry in connection with the
petitioner complaint dated 29.04.2021 and 19.08.2021 and consequently
take action as per law against the accused persons.


Page No.1 of 5
                                                           Crl.O.P.No.18672 of 2021


                 For Petitioner  :      Mr.B.Sridhar
                 For Respondents :      Mr.R.Vinothraja,
                                        Government Advocate (crl.side)

                                     *****

                                     ORDER

This petition has been filed to direct the respondents Police to

register a case based on the petitioners' complaint dated 29.04.2021

followed by 19.08.2021.

2.Heard the learned counsel for the petitioners 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

Crl.O.P.No.18672 of 2021

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.

4.This Criminal Original Petition is disposed of accordingly.

20.10.2021 Index: Yes/No Internet: Yes/No

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To

1.The Superintendent of Police, Chengalpattu District, Chengalpattu.

2.The Deputy Superintendent of Police, Vandaloor Zone, Vandalur, Guduvanchery, Chengalpattu District.

3.The Inspector of Police, H-2, Guduvancherry, police station, Guduvancherry, Chengalpattu District.

Crl.O.P.No.18672 of 2021

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.18672 of 2021

M.NIRMAL KUMAR, J.

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CRL.O.P.No.18672 of 2021

20.10.2021