Anjumbanu vs State Of Tamil Nadu
2022 Latest Caselaw 7105 Mad

                                                                              Crl.OP.No.7704 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 05.04.2022

                                                     CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.7704 of 2022

                     Anjumbanu                                          ... Petitioner

                                                        Vs.

                     State of Tamil Nadu,
                     Rep. by Inspector of Police,
                     Palacode Police Station,
                     Palacode Town and Taluk,
                     Dharmapuri District.                               ...Respondent


                     PRAYER: The Criminal Original Petition is filed under Section 482 of

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

                     investigate and register the First Information Report (FIR) on the basis of

                     the complaint of the petitioner dated 24.03.2022, which was duly

                     received by the respondent.


                                  For Petitioner    : Mr.T.Dhanasekaran
                                  For Respondent     : Mr.V.Meganathan,
                                                       Government Advocate (criminal side)


                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.7704 of 2022

                                                           ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondent to enquire, investigate and register the First

Information Report (FIR) on the basis of the complaint of the petitioner

dated 24.03.2022, which was duly received by the respondent.

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

Government Advocate (criminal side) and perused the materials available

on record.

3. This petition is not maintainable, in view of the Order passed by

a Hon'ble 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's 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 the

https://www.mhc.tn.gov.in/judis Crl.OP.No.7704 of 2022

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 Hon'ble Division Bench in

the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

05.04.2022 Index:Yes/No Internet:Yes/No Speaking order/Non speaking order

shk/sai

To

1.The Inspector of Police, Palacode Police Station, Palacode Town and Taluk, Dharmapuri District.

2.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.7704 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.7704 of 2022

05.04.2022

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