S.Geetha vs The Deputy Commissioner Of Police
2022 Latest Caselaw 4152 Mad

                                                                            Crl.OP.No.4861 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 03.03.2022

                                                    CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                             Crl.O.P.No.4861 of 2022

                     S.Geetha                                             ... Petitioner
                                                       Vs.

                     1.The Deputy Commissioner of Police,
                       O/o.Deputy Commissioner of Police,
                       St.Thomos Mount, Chennai.

                     2. The Inspector of Police,
                        W-35, All Women Police Station,
                        Tambaram, Chennai.                             ...Respondents

                     PRAYER: The Criminal Original Petition is filed under Section 482 of

                     Code of Criminal Procedure, to direct the respondents to register the FIR

                     based on the petitioner complaint dated 11.12.2021 vide C.S.R.No.525 of

                     2021 dated 12.12.2021 pending on the file of second respondent.


                                  For Petitioner    : Mr.M.Arumugam
                                  For Respondents : Mr.V.Meganathan,
                                                    Government Advocate (criminal side)




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                   Crl.OP.No.4861 of 2022

                                                            ORDER

The Criminal Original Petition has been filed seeking for a

direction to the respondents to register the FIR based on the petitioner

complaint dated 11.12.2021 vide C.S.R.No.525 of 2021 dated

12.12.2021 pending on the file of second respondent.

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

Government Advocate (criminal 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

https://www.mhc.tn.gov.in/judis Crl.OP.No.4861 of 2022

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 disposed of accordingly.

03.03.2022 shk/sai

To

1.The Deputy Commissioner of Police, O/o.Deputy Commissioner of Police, St.Thomos Mount, Chennai.

2. The Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai.

3.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.4861 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.4861 of 2022

03.03.2022

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