B.R.Kalpana vs The Superintendent Of Police
2022 Latest Caselaw 6775 Mad

                                                                                    Crl.P.No.7383 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 31.03.2022

                                                           CORAM:

                      THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                    Crl.O.P.No.7383 of 2022

                B.R.Kalpana                                                       ... Petitioner
                                                              Vs

                1.The Superintendent of Police,
                  Krishnagiri District,
                  Krishnagiri.

                2.The Inspector of Police,
                  Hosur Town Police Station,
                  Hosur 635 109,
                  Krishnagiri District.                                           ... Respondents

                Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct
                the second respondent to register the petitioner's complaint dated 09.02.2022
                and file FIR.

                                  For Petitioner      : Mr.R.Jayaprakash

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

This Criminal Original Petition has been filed to direct the second

respondent police to register the petitioner's complaint dated 09.02.2022 and

https://www.mhc.tn.gov.in/judis Crl.P.No.7383 of 2022

file FIR.

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

workout his remedy as per the directions issued by the Hon'ble Division Bench

in the order referred supra.

https://www.mhc.tn.gov.in/judis Crl.P.No.7383 of 2022

4. This Criminal Original Petition is disposed of accordingly.

31.03.2022

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

shk/sai

To

1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Inspector of Police, Hosur Town Police Station, Hosur 635 109, Krishnagiri District.

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

https://www.mhc.tn.gov.in/judis Crl.P.No.7383 of 2022

A.D.JAGADISH CHANDIRA. J,.

shk

Crl.O.P.No.7383 of 2022

31.03.2022

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