A. Ayesha vs The Commissioner Of Police
2021 Latest Caselaw 20147 Mad

                                                                              Crl.O.P.No12606 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.12606 of 2021

                     A. Ayesha                                                ... Petitioner

                                                        Versus
                     1.The Commissioner of Police,
                       Greater Chennai, Vepery,
                       Chennai.

                     2. The Deputy Commissioner of Police,,
                        T.Nagar Range,
                        T.Nagar, Chennai.


                     3.The Inspector of Police,
                       R-9, Valasaravakkam Police Station,
                       Valasaravakkam,
                       Chennai.                                           ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to issue direction, directing the respondent
                     herein to register the complaint of the petitioner dated 15.07.2021 and to
                     file the final report before the appropriate court within the reasonable
                     time limit.


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No12606 of 2021


                                      For Petitioner    :       Mr.V.Logeswaren

                                      For Respondents :         Mr.A.Damodaran,
                                                                Additional Public Prosecutor
                                                            *****

                                                            ORDER

This petition has been filed to direct the respondents herein to

register the complaint of the petitioner dated 15.07.2021 and to file the

final report before the appropriate court within the reasonable time limit.

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

Additional Public Prosecutor 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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No12606 of 2021

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

sms

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No12606 of 2021

M.NIRMAL KUMAR, J.

sms To

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2. The Deputy Commissioner of Police,, T.Nagar Range, T.Nagar, Chennai.

3.The Inspector of Police, R-9, Valasaravakkam Police Station, Valasaravakkam, Chennai.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.12606 of 2021

30.09.2021

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