Tmt.Navaindiya vs The Inspector Of Police
2022 Latest Caselaw 8299 Mad

                                                                          Crl.OP.No.9016 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.9016 of 2022

                     Tmt.Navaindiya                                       ... Petitioner

                                                        Vs.

                     The Inspector of Police,
                     Arakkonam Town Police Station,
                     Arakkonam, Ranipet District.                         ...Respondent

                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the respondent to register the
                     complaint based on the complaint given by the petitioner on 08.08.2021
                     and the same is pending in CSR No.807 of 2021 on the file of the
                     respondent.

                                   For Petitioner   : Mr.K.S.Purushothaman
                                   For Respondents : Mr.V.Meganathan,
                                                     Government Advocate (crl.side)




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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.9016 of 2022

                                                           ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondent to register the complaint based on the

complaint given by the petitioner on 08.08.2021, pending in CSR No.807

of 2021 on the file of the respondent.

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

Supreme Court held that the informant has to necessarily avail the

https://www.mhc.tn.gov.in/judis Crl.OP.No.9016 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.

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.9016 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk To

1.The Inspector of Police, Arakkonam Town Police Station, Arakkonam, Ranipet District.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9016 of 2022

20.04.2022

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