S.Jaya Mary vs State Rep. By
2022 Latest Caselaw 8954 Mad

                                                                               Crl.OP.No.9518 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 27.04.2022

                                                           CORAM

                       THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                    Crl.O.P.No.9518 of 2022

               S.Jaya Mary                                                       ... Petitioner
                                                            Vs.

               State Rep. by
               Inspector of Police,
               Sozhatharam Police Station,
               Cuddalore District.                                               ... Respondent

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

               direct the Respondent to register the FIR based on the petitioner's complaint dated

               11.03.2022 and file a FIR.


                                   For Petitioner      : Mr.S.Nambirajan

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




                                                       ORDER

This Criminal Original Petition has been filed to direct the Respondent to

https://www.mhc.tn.gov.in/judis Crl.OP.No.9518 of 2022

register the FIR based on the petitioner's complaint dated 11.03.2022 and file the

same.

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.9518 of 2022

4. This Criminal Original Petition is disposed of accordingly.

27.04.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

shk/sai

To

1.The Inspector of Police, Sozhatharam Police Station, Cuddalore District.

2.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.9518 of 2022

A.D.JAGADISH CHANDIRA.,J

shk

Crl.O.P.No.9518 of 2022

27.04.2022

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