Jayammal vs State Of Tamil Nadu
2022 Latest Caselaw 8681 Mad

                                                                                Crl.OP.No.9266 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 25.04.2022

                                                           CORAM

                       THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                    Crl.O.P.No.9266 of 2022

               Jayammal                                                           ... Petitioner

                                                            Vs.
               1. State of Tamil Nadu, rep. by
                  District Superintendent of Police,
                  Salem District.

               2. Inspector of Police,
                  Tharamangalam Police Station,
                  Tharamangalam.                                                  ... Respondents

               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               register a FIR with the Registered complaint dated 21.02.2022 lodged by the

               petitioner with the 2nd Respondent and complete investigation and file a final

               report within the period of fixed time by this Court.

                                   For Petitioner     : Ms.G.Ambika @H aritha

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

                                                          ORDER

https://www.mhc.tn.gov.in/judis Crl.OP.No.9266 of 2022

This Criminal Original Petition has been filed to register the FIR on the

complaint dated 21.02.2022 lodged by the petitioner with the 2nd Respondent and

complete investigation and file the final report.

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.9266 of 2022

4. This Criminal Original Petition is disposed of accordingly.

25.04.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

nti/sai

https://www.mhc.tn.gov.in/judis Crl.OP.No.9266 of 2022

A.D.JAGADISH CHANDIRA.,J

nti To

1.The District Superintendent of Police, Salem District.

2. The Inspector of Police, Tharamangalam Police Station, Tharamangalam.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9266 of 2022

25.04.2022

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