A.Gunasundari vs The Superintendent Of Police
2021 Latest Caselaw 21051 Mad

                                                       CRL.O.P.No.19004 of 2021


         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                              DATED : 21.10.2021

                                  CORAM:

           THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                          CRL.O.P.No.19004 of 2021

A.Gunasundari                                            ... Petitioner

                                    Versus
State by
1.The Superintendent of Police,
  Erode District,
  Erode.

2.The Inspector of Police,
  Perundurai Police Station,
  Perundurai,
  Erode District.                                        ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to issue directions, directing the second
respondent police to register FIR against the named said persons on the
basis of the complaint lodged by the petitioner on 28.09.2021.
                 For Petitioner   : Mr.C.Prakasam

                 For Respondents : Mr.R.Vinoth Raja
                                  Government Advocate (Crl.Side)
                                  *****

Page No.1 of 4
                                                             CRL.O.P.No.19004 of 2021


                                    ORDER

This petition has been filed to issue directions, directing the

second respondent police to register FIR against the named said persons

on the basis of the complaint lodged by the petitioner on 28.09.2021.

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

CRL.O.P.No.19004 of 2021

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

her remedy as per the directions issued by the Division Bench in the

order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

                                                                   21.10.2021

Index            : Yes/No
Internet         : Yes/No
ah

To

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

2.The Inspector of Police, Perundurai Police Station, Perundurai, Erode District.

3.The Public Prosecutor High Court, Madras.

CRL.O.P.No.19004 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.19004 of 2021

21.10.2021