Madras High Court
T. Devaki vs State By on 28 March, 2022
Crl.O.P.No.6906 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2022
CORAM
THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.6906 of 2022
T. Devaki .. Petitioner
Vs.
State by
The Director of Vigilance and Anti - Corruption,
(DVAC), No.293, M.K.N. Road,
Alandhur, Chennai - 600 016. ..
Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, directing the respondent police to register FIR against the
named said persons on the basis of the complaint lodged by the petitioner on
31.01.2022.
For Petitioner : Mr. R. Hemalatha
For Respondent : Mr. E. Raj Thilak,
Additional Public Prosecutor
ORDER
This petition is filed seeking a direction to the respondent police to
register FIR against the named person on the basis of the complaint lodged
by the petitioner on 30.01.2022.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.6906 of 2022
2. Learned counsel for the petitioner submitted that there are other
officials of Nangavalli Primary Agricultural Cooperative Credit Society, who
had involved in the alleged offence and it may not be possible for the
petitioner's husband alone to commit any such offence alleged against him.
However, the respondent police is prosecuting petitioner's husband alone
leaving the other officials. Therefore, this petition seeking a direction.
3. Learned Additional Public Prosecutor submitted that
petitioner's complaint had been forwarded to the concerned authority for
appropriate action.
4. It is a settled proposition of law that the Courts under Section
482 of Cr.P.C., cannot issue direction to register FIR. 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,
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.6906 of 2022
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 alternative remedy provided under Section 154 (3) of Cr.P.C., and
Section 156 (3) of Cr.P.C.
5. In view of the submission of the learned Additional Public
Prosecutor that the complaint of the petitioner had been forwarded to
concerned authority, the concerned authority is directed to follow the
directions issued by the Hon'ble Supreme Court in Lalita Kumari Vs.
Government of Uttar Pradesh and others [2014 (2) SCC (1)] and take
action in the manner known to law.
6. Accordingly, this petition is disposed of.
22.03.2022
AT
Index : Yes/No
Internet: Yes
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.6906 of 2022
G.CHANDRASEKHARAN.J.,
AT
To
The Director of Vigilance and Anti - Corruption,
(DVAC), No.293, M.K.N. Road,
Alandhur,
Chennai - 600 016.
Crl.O.P.No.6906 of 2022
28.03.2022
https://www.mhc.tn.gov.in/judis
