Divya vs The Commissioner Of Police
2022 Latest Caselaw 9556 Mad

                                                                              Crl.P.No.11908 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 07.06.2022

                                                      CORAM

                            THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                           Crl.O.P.No.11908 of 2022

                Divya                                                        ... Petitioner
                                                        Vs.

                1.The Commissioner of Police,
                  Greater Chennai Police Commissionerate,
                  Vepery,
                  Chennai.

                2.The Inspector of Police,
                  All Women Police Station,
                  Ashok Nagar,
                  Chennai.                                                   ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the second respondent viz., the Inspector of Police, All Women Police
                Station, Ashok Nagar, Chennai to register the petitioner's complaint dated
                04.04.2022 and file a final report in accordance with law.


                                     For Petitioner    : Mr.S.Sasikumar

                                     For Respondents : Mr.A.Gokulakrishnan,
                                                       Additional Public Prosecutor.




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https://www.mhc.tn.gov.in/judis
                                                                                     Crl.P.No.11908 of 2022



                                                          ORDER

This Criminal Original Petition has been filed seeking for a direction

the second respondent viz., the Inspector of Police, All Women Police Station,

Ashok Nagar, Chennai to register the petitioner's complaint dated 04.04.2022

and file a final report in accordance with law.

2. Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor for the respondents 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

https://www.mhc.tn.gov.in/judis Crl.P.No.11908 of 2022

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 dismisssed accordingly.

07.06.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order

shk/rgi

To

1.The Commissioner of Police, Greater Chennai Police Commissionerate, Vepery, Chennai.

2.The Inspector of Police, All Women Police Station, Ashok Nagar, Chennai.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.P.No.11908 of 2022

N.SATHISH KUMAR,J.

shk/rgi

Crl.O.P.No.11908 of 2022

07.06.2022

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