M.Meenakshi vs The State Rep By
2022 Latest Caselaw 8302 Mad

                                                                           Crl.OP.No.8816 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.8816 of 2022

                     M.Meenakshi                                            ... Petitioner

                                                        Vs.

                     1.The State Rep by
                       The Commissioner of Police,
                       EVK Sampath Road, Vepery,
                       Periyamet, Chennai,
                       Tamil Nadu 600 007.

                     2.The State rep by
                       The Inspector of Police,
                       E-1 Mylapore Police Station,
                       Kutchery road, Mylapore,
                       Chennai 600 004.                                     ...Respondents
                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the respondents to register a FIR
                     on the written complaint dated 10.03.2022 of the petitioner and
                     investigate the same and proceed thereon in accordance with law.

                                  For Petitioner     : Mr.M.Rajeswaran
                                  For Respondents : Mr.V.Meganathan,
                                                    Government Advocate (crl.side)


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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.8816 of 2022



                                                           ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondents to register a FIR on the written complaint

dated 10.03.2022 of the petitioner and investigate the same and proceed

thereon in accordance with law.

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.8816 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.8816 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk To

1.The Commissioner of Police, EVK Sampath Road, Vepery, Periyamet, Chennai, Tamil Nadu 600 007.

2.The Inspector of Police, E-1 Mylapore Police Station, Kutchery road, Mylapore, Chennai 600 004.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8816 of 2022

20.04.2022

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