V.Bharathi vs The Commissioner Of Police
2021 Latest Caselaw 20119 Mad

                                                                             Crl.O.P.No.17433 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.17433 of 2021

                     V.Bharathi,
                     S/o.Venkatraman                                         .. Petitioner

                                                    Versus

                     1. The Commissioner of Police,
                        Office of the Commissioner of Police,
                        Coimbatore.

                     2. The State rep. by
                        Inspector of Police,
                        Periyanaickenpalayam Police Station,
                        Coimbatore Dt.                              ... Respondents
                     PRAYER: Criminal Original Petition filed under Section 482 of the

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

                     case on the basis of the complaint given by the petitioner dated

                     07.07.2021 and file a F.I.R.




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.17433 of 2021


                                      For Petitioner    :     Mr.R.Vijayakumar

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

                                                        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 07.07.2021

pending on the file of the 2nd respondent Police.

2. Heard the submissions of 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.17433 of 2021

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.

4.This Criminal Original Petition is disposed of accordingly.

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

To

1. The Commissioner of Police, Office of the Commissioner of Police, Coimbatore.

2. The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore Dt.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.17433 of 2021

M.NIRMAL KUMAR, J.

rpp/nr

CRL.O.P.No.17433 of 2021

30.09.2021

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