N. Sasi Rekha vs The Commissioner Of Police
2021 Latest Caselaw 20135 Mad

                                                                               Crl.O.P.No.11567 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.11567 of 2021

                     N. Sasi Rekha                                              ... Petitioner

                                                         Versus

                     1. The Commissioner of Police,
                        Chennai Metropolitan,
                        Veppery, Chennai – 7.

                     2.State rep. By its
                       Inspector of Police,
                       K-10, Koyambedu Police Station,
                       Koyambedu, Chennai                            ... Respondents
                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to direct the Inspector of Police, K-10

                     Koyambedu Police Station, Chennai to register the petitioner's complaint

                     dated 30.06.2021.

                                      For Petitioner   : Mr.S.Suresh
                                      For Respondents :Mr.A.Damodaran
                                                        Additional Public Prosecutor (Crl.Side)


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.11567 of 2021


                                                         ORDER

This petition has been filed to direct the Inspector of Police, K-10

Koyambedu Police Station, Chennai to register the petitioner's complaint

dated 30.06.2021.

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

Additional Public Prosecutor (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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.11567 of 2021

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

sms/gv

To

1. The Commissioner of Police, Chennai Metropolitan, Veppery, Chennai – 7.

2.State rep. By its Inspector of Police, K-10, Koyambedu Police Station, Koyambedu, Chennai

3.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.11567 of 2021

sms/gv

Crl.O.P.No.11567 of 2021

30.09.2021

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