Uma vs The State Rep. By
2021 Latest Caselaw 19423 Mad

                                                                             CRL.O.P.No.16533 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 22.09.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.16533 of 2021

                     Uma                                     ...         Petitioner

                                                           Versus

                     1.The State rep. by,
                       Inspector of Police,
                       M5, Vadavalli Police Station,
                       Somayampalayam, Coimbatore,
                       Tamilnadu 641 046.

                     2.The Superintendent of Police
                       State Bank Rd, Opp.Railway Station,
                       Gopalapuram,
                       Coimbatore, Tamilnadu 641018      ...             Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondent police to register
                     FIR against the accused K. Parthiban, Karunanithi and Nirmala based on
                     the complaint dated 19.08.2021.
                                      For Petitioner   :     Ms.M.Karpagam

                                      For Respondents :      Mr.R.Vinoth Raja
                                                             Govt. Advocate(Crl.side)

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                               CRL.O.P.No.16533 of 2021




                                                        ORDER

This petition has been filed to direct the respondent police to

register FIR against the accused K. Parthiban, Karunanithi and Nirmala

based on the complaint dated 19.08.2021.

2.Heard the learned counsel for the petitioner and the learned

Government Advocate (Criminal 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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.16533 of 2021

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.

4.This Criminal Original Petition is disposed of accordingly.

22.09.2021 Index: Yes/No Internet: Yes/No nr/sms

To

1.The Inspector of Police, M5, Vadavalli Police Station, Somayampalayam, Coimbatore, Tamilnadu 641 046.

2.The Superintendent of Police State Bank Rd, Opp.Railway Station, Gopalapuram, Coimbatore, Tamil Nadu 641018

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.16533 of 2021

M.NIRMAL KUMAR, J.

nr/sms

CRL.O.P.No.16533 of 2021

22.09.2021

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