K.S.Kavitha vs The Sub-Inspector Of Police
2021 Latest Caselaw 20952 Mad

                                                                             CRL.O.P.No.18845 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.18845 of 2021

                     K.S.Kavitha
                     W/o.K.L.Surya Narayanan                                   ...Petitioner

                                                       Versus

                     The Sub-Inspector of Police
                     AWPS-Mylapore
                     Chennai                                                   .... Respondent



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the Respondent Police to register
                     the First Information Report based on her complaint dated 29.03.2021,
                     on the file of the respondent, AWPS, Mylapore, Chennai-600 004 in
                     accordance with law.



                                      For Petitioner   :     Mr.B.Gurumurthy

                                      For Respondent   :     Mr.R.Vinothraja
                                                             Govt. Advocate (Crl.Side)


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                               CRL.O.P.No.18845 of 2021




                                                        ORDER

(This case has been heard through video conference)

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 29.03.2021

pending on the file of the respondent Police.

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

Government Advocate (Criminal 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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.18845 of 2021

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.

4.This Criminal Original Petition is disposed of accordingly.

20.10.2021 Index: Yes/No Internet: Yes/No nr/rpp

To

1.The Sub-Inspector of Police, AWPS-Mylapore, Chennai.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.18845 of 2021

M.NIRMAL KUMAR, J.

nr/rpp

CRL.O.P.No.18845 of 2021

20.10.2021

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