Mahalakshmi vs The Superintendent Of Police
2021 Latest Caselaw 21054 Mad

                                                        CRL.O.P.No.19059 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.19059 of 2021

Mahalakshmi                                               ... Petitioner

                                    Versus
1.The Superintendent of Police,
  Office of the Superintendent of Police,
  Vellore District,
  Vellore.
2.The Deputy Superintendent of Police,
  Office of the Deputy Superintendent of Police,
  Vellore District,
  Vellore.
3.The Inspector of Police,
  Bagayam Police Station,
  Vellore District.                                       ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the third respondent to register a
case on the petitioner's complaint dated 04.01.2021 and file a FIR.
                 For Petitioner   : Mr.G.Anbuchezhian

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

Page No.1 of 4
                                                            CRL.O.P.No.19059 of 2021


                                   ORDER

This petition has been filed to direct the third respondent to

register a case on the petitioner's complaint dated 04.01.2021 and file a

FIR.

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.19059 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, Office of the Superintendent of Police, Vellore District, Vellore.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vellore District, Vellore.

3.The Inspector of Police, Bagayam Police Station, Vellore District.

4.The Public Prosecutor High Court, Madras.

CRL.O.P.No.19059 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.19059 of 2021

21.10.2021