J.Vani vs The Superintendent Of Police
2021 Latest Caselaw 19211 Mad

                                                                            CRL.O.P.No.15986 of 2021


                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 20.09.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                            CRL.O.P.No.15986 of 2021

                     J.Vani                                                     ... Petitioner

                                                        Versus

                     1. The Superintendent of police
                        Tiruvallur District,
                        Tiruvallur.

                     2. The Inspector of Police
                        R.K. Pet Police Station
                        Tiruvallur District.

                     3. The Sub-Inspector of Police
                        R.K. Pet Police Station
                        Tiruvallur District.                                  ... Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondents to conduct enquiry on the
                     petitioner's complaint dated 17.10.2020 given to the 1st respondent and
                     which was forwarded to the 2nd respondent to register and dispose of the
                     same within a stipulated time.


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 CRL.O.P.No.15986 of 2021




                                      For Petitioner     : Mr.T.P.Prabakaran

                                      For Respondents    : Mr.A.Damodaran
                                                          Government Advocate (Crl.Side)


                                                          ORDER

This petition has been filed to direct the respondents to

conduct enquiry on the petitioner's complaint dated 17.10.2020 given to

the 1st respondent and which was forwarded to the second respondent to

register and dispose of the same within a stipulated time.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.15986 of 2021

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 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.

                                                                                          20.09.2021

                     Index            : Yes/No
                     Internet         : Yes/No
                     dna

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.15986 of 2021

M.NIRMAL KUMAR, J.

dna

To

1.The Superintendent of Police Tiruvallur District, Tiruvallur.

2.The Inspector of Police R.K. Pet Police Station Tiruvallur District.

3.The Sub-Inspector of Police R.K. Pet Police Station Tiruvallur District.

4.The Public Prosecutor High Court, Madras.

CRL.O.P.No.15986 of 2021

20.09.2021

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