Masilamai vs The Superintendent Of Police
2021 Latest Caselaw 19426 Mad

                                                                           CRL.O.P.No.16399 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.16399 of 2021

                     Masilamai                                                     ....Petitioner
                                                        Versus

                     1.The Superintendent of Police
                       Tiruvannamalai
                       Tiruvannamalai Disrict.

                     2.The Deputy Superintendent of Police
                       Tiruvannamalai
                       Tiruvannamalai District.

                     3.The Inspector of Police
                       Keezhpennathur Police Station
                       Tiruvannamalai Taluk & District.                      ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the third respondent police to
                     register the FIR on the complaint dated 25.07.2021.


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

                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                               CRL.O.P.No.16399 of 2021




                                                         ORDER

This petition has been filed to direct the third respondent

police to register the FIR on the complaint dated 25.07.2021.

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.16399 of 2021

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
                                                                                          (2/2)

                     Index            : Yes/No
                     Internet         : Yes/No
                     dna

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.16399 of 2021

M.NIRMAL KUMAR, J.

dna

To

1.The Superintendent of Police Tiruvannamalai Tiruvannamalai Disrict.

2.The Deputy Superintendent of Police Tiruvannamalai Tiruvannamalai District.

3.The Inspector of Police Keezhpennathur Police Station Tiruvannamalai Taluk & District.

4.The Public Prosecutor High Court, Madras.

CRL.O.P.No.16399 of 2021 (2/2)

22.09.2021

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