Bakyalakshmi vs The Sub-Inspector Of Police ...
2021 Latest Caselaw 20138 Mad

                                                                              Crl.O.P.No.13960 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.13960 of 2021

                     Bakyalakshmi                                                  ...Petitioner

                                                         Versus

                     The Sub-Inspector of Police (Crime)
                     Pallavaram Police Station,
                     St.Thomas Mount,
                     Chennai – 600 043.                                        ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the

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

                     complaint based on the complaint given by the petitioner on 13.03.2021

                     and the same is pending in CSR.No.273/2021 on the file of the

                     respondent.

                                      For Petitioner   : Mr.K.Balakrishnan
                                      For Respondent   : Mr.A.Damodaran
                                                        Additional Public Prosecutor (Crl.Side)




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.13960 of 2021




                                                         ORDER

This petition has been filed to direct the respondent to register the

complaint based on the complaint given by the petitioner on 13.03.2021

and the same is pending in CSR.No.273/2021 on the file of the

respondent.

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

Additional Public Prosecutor (Crl.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

jurisdiction under Section 482 of Cr.P.C. The Hon'ble Supreme Court

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13960 of 2021

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

sms/gv

To

1. The Sub-Inspector of Police (Crime) Pallavaram Police Station, St.Thomas Mount, Chennai – 600 043.

2.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13960 of 2021

sms/gv

Crl.O.P.No.13960 of 2021

30.09.2021

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