Radhika vs The Inspector Of Police
2022 Latest Caselaw 8430 Mad

                                                                                  Crl.OP.No.8991 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED :21.04.2022
                                                         CORAM
                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
                                                  Crl.O.P.No.8991 of 2022

                     Radhika                                                ... Petitioner

                                                            Vs.

                     The Inspector of Police,
                     T-1, Ambattur Police Station,
                     Ambattur 600 053.                                      ...Respondent

                     PRAYER: The Criminal Original Petition is filed under Section 482 of
                     Code of Criminal Procedure, to direct the second respondent police to
                     register FIR on basis of the complaint dated 30.03.2022 given by the
                     petitioner.
                                       For Petitioner   : Mr.J.N.Naresh Kumar

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

                                                        ORDER

The Criminal Original Petition has been filed seeking for a

direction to the second respondent police to register FIR on basis of the

complaint dated 30.03.2022 given by the petitioner.

https://www.mhc.tn.gov.in/judis Crl.OP.No.8991 of 2022

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

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.

https://www.mhc.tn.gov.in/judis Crl.OP.No.8991 of 2022

4. This Criminal Original Petition is disposed of accordingly.

21.04.2022

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

shk/sai

To

1.The Inspector of Police, T-1, Ambattur Police Station, Ambattur 600 053.

2.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.8991 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.8991 of 2022

21.04.2022

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