Safeehuna vs The Assistant Commissioner
2022 Latest Caselaw 7362 Mad

                                                                                Crl.OP.No.7996 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 07.04.2022

                                                           CORAM

                          THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                    Crl.O.P.No.7996 of 2022

               Safeehuna                                                          ... Petitioner

                                                            Vs.

               1.The Assistant Commissioner,
               H-8, Thiruvottiyur Police Station,
               Chennai 600 019.

               2.State Rep. by
               The Inspector of Police,
               All Women Police Station,
               Thiruvottiyur, Chennai 600 019.                                    ... Respondents


               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to
               direct the 2nd Respondent to enquire and register the petitioner's complaint dated
               03.08.2021 in CSR.No.182/2021 and file an FIR against the petitioner's husband
               and in laws in accordance to law.

                                   For Petitioner     : Mr.R.Abdul Mubeen

                                   For Respondents : Mr.V.Meganathan,
                                                     Government Advocate (Crl. side)


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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.7996 of 2022


                                                       ORDER

This Criminal Original Petition has been filed seeking for a direction to the

2nd Respondent to enquire and register the petitioner's complaint dated 03.08.2021

in CSR.No.182/2021 and file FIR against the petitioner's husband and in-laws.

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

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.7996 of 2022

directions issued by the Hon'ble Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

07.04.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

sai/sli

To

1.The Assistant Commissioner, H-8, Thiruvottiyur Police Station, Chennai 600 019.

2. The Inspector of Police, All Women Police Station, Thiruvottiyur, Chennai 600 019.

3.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.7996 of 2022

G.CHANDRASEKHARAN, J.

sli

Crl.O.P.No.7996 of 2022

07.04.2022

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