Pushpa Latha vs Sub-Inspector Of Police
2021 Latest Caselaw 20146 Mad

                                                                                 Crl.O.P.No.13569 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.13569 of 2021

                     Pushpa Latha                                                ... Petitioner

                                                         Versus
                     State by
                     1. Sub-Inspector of Police,
                        All Women Police Station,
                        Ashok Nagar,
                       Chennai.

                     2.K. Prabhakaran                                            ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Code of Criminal Procedure, to issue necessary direction to the 1st

                     respondent to register FIR on the basis of complaint dated 17.07.2021

                     made by the petitioner against the 2nd respondent in accordance with law.

                                      For Petitioner      :   Mr.A.Prabhakaran

                                      For Respondent No.1:    Mr.R.Vinothraja
                                                             Government Advocate (Crl.Side)
                                                          *****


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.13569 of 2021


                                                         ORDER

This petition has been filed to issue necessary direction to the 1 st

respondent to register FIR on the basis of complaint dated 17.07.2021

made by the petitioner against the 2nd respondent in accordance with law.

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

Government Advocate (Crl.Side) appearing on behalf of the first

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13569 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 Sub-Inspector of Police, All Women Police Station, Ashok Nagar, Chennai.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.13569 of 2021

M.NIRMAL KUMAR, J.

sms/gv

CRL.O.P.No.13569 of 2021

30.09.2021

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