T.L.Mary vs The State
2021 Latest Caselaw 20111 Mad

                                                                              Crl.O.P.No.18101 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 30.09.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.18101 of 2021

                     T.L.Mary                                                 .. Petitioner

                                                       Versus

                     The State
                     rep. by Inspector of Police,
                     K-4 Police Station,
                     Chennai-600 040.                                         ... Respondent


                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the respondent police to register

                     FIR on the petitioner complaint dated 01.09.2021 vide CSR No.576 of

                     2021 within the time frame to be fixed by this Hon'ble Court.

                                      For Petitioner   :     Mr.B.Vijay

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




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.18101 of 2021




                                                        ORDER

(This case has been heard through video conference)

This petition has been filed to direct the respondent Police to

register a case based on the petitioner's complaint dated 01.09.2021

pending on the file of the respondent Police.

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

the learned Government Advocate (Criminal 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18101 of 2021

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.

4.This Criminal Original Petition is disposed of accordingly.

30.09.2021 Index: Yes/No Internet: Yes/No rpp/nr

To

1. Inspector of Police, K-4 Police Station, Chennai-600 040.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.18101 of 2021

M.NIRMAL KUMAR, J.

rpp/nr

CRL.O.P.No.18101 of 2021

30.09.2021

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