Shenbagavalli vs The State Of Tamil Nadu
2021 Latest Caselaw 19299 Mad

                                                                                    Crl.O.P.No.17172 of 2021


                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 21.09.2021

                                                          CORAM:

                                       THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                   Crl.O.P.No.17172 of 2021

                      Shenbagavalli.                                                 ... Petitioner

                                                              Versus
                      1. The State of Tamil Nadu
                         Rep by the Commissioner of Police,
                         Vepery
                         Chennai-7.

                      2. The Inspector of Police
                         K10, Koyambedu Police Station,
                         Chennai.                                                    ... Respondents

                      PRAYER: Criminal Original Petition filed under Section 482 of the Code
                      of Criminal Procedure, to direct the 2nd respondent herein to register the
                      complaint of the petitioner dated 01.02.2017 pending on the file of the
                      2nd respondent.


                                        For Petitioner    :       Mr.S.Arunkumar.

                                        For Respondents :         Mr.R.Vinoth Raja,
                                                                  Government Advocate (crl.side)
                                                              *****


                      Page No.1 of 4


http://www.judis.nic.in
                                                                                 Crl.O.P.No.17172 of 2021




                                                         ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 01.02.2017

pending on the file of the 2nd respondent Police.

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

http://www.judis.nic.in Crl.O.P.No.17172 of 2021

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 his remedy as per the

directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

21.09.2021 Index: Yes/No Internet: Yes/No mpl

To

1. The Commissioner of Police, Vepery Chennai-7.

2. The Inspector of Police K10, Koyambedu Police Station, Chennai.

http://www.judis.nic.in Crl.O.P.No.17172 of 2021

M.NIRMAL KUMAR, J.

mpl

CRL.O.P.No.17172 of 2021

21.09.2021

http://www.judis.nic.in