K.Rajena vs The District Superintendent Of ...
2022 Latest Caselaw 4411 Mad

                                                                                  Crl.O.P.No.3214 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 07.03.2022

                                                         CORAM

                        THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                 Crl.O.P. No.3214 of 2022

                   K.Rajena                                                           ... Petitioner

                                                           Vs.

                   1.The District Superintendent of Police,
                     Cuddalore District.

                   2.State represented by
                     The Inspector of Police,
                     U2-Cuddalore Port Police Station,
                     Throwpathai Amman Koil Street, Cuddalore Port,
                     Cuddalore.

                   3.Jebasingh Maduram                                               ... Respondents


                   Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct
                   the 2nd respondent to conduct enquiry pertaining to the petitioner's complaint
                   dated 27.12.2021 and 26.01.2022 and further direct the 2nd respondent to
                   register an FIR against the 3rd respondent in accordance with law.


                                   For Petitioner           : Mr.R.Abdul Mubeen

                                   For R1 & R2              : Mr.V.Meghanathan
                                                              Government Advocate (Crl. Side)


https://www.mhc.tn.gov.in/judis
                   Page 1 of 4
                                                                                    Crl.O.P.No.3214 of 2022



                                                         ORDER

This Criminal Original Petition has been filed seeking a direction to the

2nd respondent to conduct enquiry pertaining to the petitioner's complaint

dated 27.12.2021 and 26.01.2022 and further direct the 2nd respondent to

register an FIR against the 3rd respondent.

2.Heard the learned counsel 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 of the alternative remedy provided under

Section 154 (3) of Cr.P.C. and Section 156 (3) of Cr.P.C. Liberty is given to https://www.mhc.tn.gov.in/judis

Crl.O.P.No.3214 of 2022

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.

07.03.2022

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To

1.The District Superintendent of Police, Cuddalore District.

2.The Inspector of Police, U2-Cuddalore Port Police Station, Throwpathai Amman Koil Street, Cuddalore Port, Cuddalore.

3.The Public Prosecutor, High Court, Madras.

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

Crl.O.P.No.3214 of 2022

A.D.JAGADISH CHANDIRA, J.

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Crl.O.P. No.3214 of 2022

07.03.2022

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