N.Kannammal vs The Superintendent Of Police
2022 Latest Caselaw 6426 Mad

                                                                                    Crl.P.No.7119 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 29.03.2022

                                                           CORAM:

                      THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                    Crl.O.P.No.7119 of 2022


                N.Kannammal                                                       ... Petitioner

                                                              Vs

                1.The Superintendent of Police,
                Gandhiji Road,
                Marapalam,
                Erode – 638 001.

                2.The Inspector of Police,
                Erode Taluk Police Station,
                Erode.                                                          ... Respondents

                Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the

                respondent to register the complaint given by the petitioner dated 16.06.2020

                and investigate the same.


                                  For Petitioner      : Mr.D.Rajagopal

                                  For Respondents     : Mr.V.Meganathan,
                                                        Government Advocate (Crl.side)




                1/4
https://www.mhc.tn.gov.in/judis
                                                                                      Crl.P.No.7119 of 2022

                                                          ORDER

This Criminal Original Petition has been filed to direct the respondent

to register the complaint given by the petitioner dated 16.06.2020 and

investigate the same.

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 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

https://www.mhc.tn.gov.in/judis Crl.P.No.7119 of 2022

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.

29.03.2022

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

shk/sai

To

1.The Superintendent of Police, Gandhiji Road, Marapalam, Erode – 638 001.

2.The Inspector of Police, Erode Taluk Police Station, Erode.

3.The Public Prosecutor, Madras High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.P.No.7119 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.7119 of 2022

29.03.2022

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