Pasumathi Gopinath vs State By
2021 Latest Caselaw 20145 Mad

                                                                                Crl.O.P.No.13491 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.13491 of 2021


                     Pasumathi Gopinath                                             ... Petitioner

                                                            Versus

                     State by
                     The Inspector of Police,
                     (Crime's) K-5 (Peravalur Police station)
                     Chennai – 600 082.                                         ... Respondent


                     PRAYER: Criminal Original Petition filed under Section 482 of the

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

                     pursuant to the complaint given by the petitioner dated 10.11.2021.


                                      For Petitioner    :       Mr.V.Sairam

                                      For Respondent    :       Mr.R.Vinothraja
                                                               Government Advocate (Crl.Side)
                                                            *****




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.O.P.No.13491 of 2021




                                                         ORDER

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

FIR pursuant to the complaint given by the petitioner dated 10.11.2021.

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

Government Advocate (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

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.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13491 of 2021

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 Inspector of Police, (Crime's) K-5 (Peravalur Police station) Chennai – 600 082.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13491 of 2021

M.NIRMAL KUMAR, J.

sms/gv

CRL.O.P.No.13491 of 2021

30.09.2021

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