Sameem vs The Superintendent Of Police
2021 Latest Caselaw 21100 Mad

                                                                              CRL.O.P.No.19011 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.19011 of 2021

                      Sameem                                                    ... Petitioner

                                                          Versus
                      1.The Superintendent of Police,
                        Thirupathur District,
                        Thirupathur.

                      2.State represented by
                        The Inspector of Police,
                        Thirupathur Town Police Station,
                        Thirupathur District.                                   ... Respondents

                      PRAYER: Criminal Original Petition filed under Section 482 of the
                      Code of Criminal Procedure, directing the respondents in the above
                      complaint dated 20.09.2021 to register a complaint.
                                       For Petitioner   : Mr.D.S.Ravi Kumar

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

                                                         *****




                      Page No.1 of 4


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                                                                                 CRL.O.P.No.19011 of 2021


                                                         ORDER

This petition has been filed directing the respondents in the

above complaint dated 20.09.2021 to register a complaint.

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

alternative remedy provided under Section 154 (3) of Cr.P.C., and

http://www.judis.nic.in CRL.O.P.No.19011 of 2021

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, Thirupathur District, Thirupathur.

2.The Inspector of Police, Thirupathur Town Police Station, Thirupathur District.

3.The Public Prosecutor High Court, Madras.

http://www.judis.nic.in CRL.O.P.No.19011 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.19011 of 2021

21.10.2021

http://www.judis.nic.in