M.Sharmila vs The State By
2022 Latest Caselaw 4554 Mad

                                                                               Crl.OP.No.5263 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 08.03.2022

                                                           CORAM

                        THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                    Crl.O.P.No.5263 of 2022

               M.Sharmila                                                        ... Petitioner

                                                            Vs.

               1.The State by
               The Superintendent of Police,
               Vellore District.

               2.The State by
               Inspector of Police,
               All Women Police Station,
               Gudiyatham,
               Vellore District.                                                 ...Respondent

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

               direct the respondent police to register the Petitioner's complaint dated 29.12.2021.

                                   For Petitioner    : Mr.S.Anburaja
                                   For Respondent : Mr.V.Meganathan
                                                    Government Advocate (Crl. Side)


                                                          ORDER

https://www.mhc.tn.gov.in/judis Crl.OP.No.5263 of 2022

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

respondent police to register the Petitioner's complaint dated 29.12.2021.

2.Heard the both sides 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 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.

https://www.mhc.tn.gov.in/judis Crl.OP.No.5263 of 2022

08.03.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

shk/sai

To

1.The Superintendent of Police, Vellore District.

2.The Inspector of Police, All Women Police Station, Gudiyatham, Vellore District.

3.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.OP.No.5263 of 2022

A.D.JAGADISH CHANDIRA,J.

shk

Crl.O.P.No.5263 of 2022

08.03.2022

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