Nithya vs The State Rep. By The
2021 Latest Caselaw 19320 Mad

                                                                                  Crl.O.P.No.16141 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.16141 of 2021

                     Nithya.                                                         ... Petitioner

                                                             Versus
                     The State rep. by the
                     The Inspector of Police,
                     All Women Police Station,
                     Dharmapuri District.                                            ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent to register a case
                     based on the complaint lodged by the petitioner dated 23.07.2021 against
                     the named person in the complaint.


                                       For Petitioner    :       Mr.V.Sakkarapani.

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

                                                             ORDER

This petition has been filed to direct the respondent Police to

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.16141 of 2021

register a case based on the petitioner's complaint dated 23.07.2021

pending on the file of the respondent Police.

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 his remedy as per the

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.16141 of 2021

4.This Criminal Original Petition is disposed of accordingly.

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

To The Inspector of Police, All Women Police Station, Dharmapuri District.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.16141 of 2021

M.NIRMAL KUMAR, J.

mpl

CRL.O.P.No.16141 of 2021

21.09.2021

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