Revathy Rajan vs State
2022 Latest Caselaw 8298 Mad

                                                                             Crl.OP.No.8805 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED :20.04.2022

                                                     CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.8805 of 2022

                     Revathy Rajan                                           ... Petitioner

                                                        Vs.

                     State, represented by
                     The Inspector of Police,
                     K4 Anna Nagar Police Station,
                     Chennai 600 101.                                        ...Respondent

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

                     Code of Criminal Procedure, to direct the respondent police to register

                     the complaint dated 22.03.2022 vide CSR Receipt No.239/2022 dated

                     22.03.2022 of the petitioner and investigate into the same within the time

                     stipulated by this Court.


                                  For Petitioner     : Mr.M.Rajasekar

                                  For Respondent     : Mr.V.Meganathan,
                                                       Government Advocate (crl.side)




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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.8805 of 2022

                                                       ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondent police to register the complaint dated

22.03.2022 vide CSR Receipt No.239/2022 dated 22.03.2022 of the

petitioner and investigate into the same within the time stipulated by this

Court.

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

Government Advocate (crl.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

https://www.mhc.tn.gov.in/judis Crl.OP.No.8805 of 2022

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 directions issued by the Hon'ble Division Bench in

the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

20.04.2022

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

shk/sai

https://www.mhc.tn.gov.in/judis Crl.OP.No.8805 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk To

1.The Inspector of Police, K4 Anna Nagar Police Station, Chennai 600 101.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8805 of 2022

20.04.2022

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