N.Suganthi Dharshitha vs The Superintendent Of Police
2021 Latest Caselaw 19436 Mad

                                                                            CRL.O.P.No.16396 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.16396 of 2021


                     1.N.Suganthi Dharshitha
                     2.R.Anandan                                                  ....Petitioners

                                                        Versus

                     1.The Superintendent of Police,
                       Erode,
                       Erode District.

                     2.The Inspector of Police
                       Erode Taluk Police Station,
                       Erode District,
                       Erorde.                                                  ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents herein to register
                     and investigate the complaint dated 09.07.2021 presented before the 1 st
                     respondent.
                                      For Petitioner  : Mr.P.Sengottuvel
                                      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.16396 of 2021




                                                         ORDER

This petition has been filed to direct the respondents herein

to register and investigate the complaint dated 09.07.2021 presented

before the 1st respondent.

2. Heard the learned counsel for the petitioner and the

learned Additional 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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.16396 of 2021

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.

                                                                                   22.09.2021

                     Index            : Yes/No
                     Internet         : Yes/No
                     dna

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.16396 of 2021

M.NIRMAL KUMAR, J.

dna

To

1.The Superintendent of Police, Erode, Erode District.

2.The Inspector of Police Erode Taluk Police Station, Erode District, Erorde.

3.The Public Prosecutor High Court, Madras.

CRL.O.P.No.16396 of 2021

22.09.2021

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