Fathima Begum vs State Represented By
2022 Latest Caselaw 3885 Mad

                                                                1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 01.03.2022

                                                            CORAM

                             THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                     Crl.O.P.No.4624 of 2022

                Fathima Begum,
                W/o.Mohammed Ayub                                               ... Petitioner


                                                               Vs

                1.State Represented by
                  The Inspector of Police,
                  G-1 Veppari Police Station,
                  Chennai District.

                2.Ashraf Basha
                  S/o.Anwar Basha                                               ... Respondents



                PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C.,
                directing the first respondent to conduct enquiry and register a case in respect of
                the complaint dated 08.02.2022.


                                    For Petitioner            : Mr.A.Saranraj

                                    For Respondents           :
                                    For R1                    : Mr.A.GokulaKrishnan
                                                                Additional Public Prosecutor

                                    For R2                    : No appearance
https://www.mhc.tn.gov.in/judis
                                                           2

                                                   ORDER

This Criminal Original Petition has been filed, to direct the first

respondent to conduct enquiry and register a case in respect of the complaint

dated 08.02.2022.

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

Government Advocate (criminal side) for the first respondent 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 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 her 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. https://www.mhc.tn.gov.in/judis

01.03.2022 Index :Yes/No Internet : Yes/No Speaking order/Non-speaking order

shk/arb

To

1.The Inspector of Police, G-1 Veppari Police Station, Chennai District.

2.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis A.D.JAGADISH CHANDIRA,J.

shk/arb

Crl.O.P.No.4624 of 2022

01.03.2022

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