Shobana vs The State Of Tamil Nadu
2021 Latest Caselaw 21065 Mad

                                                        CRL.O.P.No.18960 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.18960 of 2021

Shobana                                                   ... Petitioner

                                    Versus

The State of Tamil Nadu,
Rep. by the Inspector of Police,
W-18, All Women Police Station,
M.K.B. Nagar,
Chennai – 600 039.                                        ... Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure, to direct the respondent police to register

the petitioner's complaint dated 21.07.2021 and file a FIR.

                 For Petitioner   : Mr.A.Ilayaperumal

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

                                   *****


                                  ORDER

CRL.O.P.No.18960 of 2021

This petition has been filed to direct the respondent police to

register the petitioner's complaint dated 21.07.2021 and file a FIR.

2.Heard the learned counsel for the petitioner and the

learned Government Advocate (Crl.Side) appearing on behalf of the

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 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

CRL.O.P.No.18960 of 2021

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 Inspector of Police,

W-18, All Women Police Station, M.K.B. Nagar, Chennai – 600 039.

2.The Public Prosecutor High Court, Madras.

CRL.O.P.No.18960 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.18960 of 2021

21.10.2021