Maheswari vs The State Represented By
2022 Latest Caselaw 9318 Mad

                                                                                  Crl.O.P.No.11629 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 18.05.2022

                                                        CORAM

                        THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P.No.11629 of 2022


                     Maheswari                                                          ... Petitioner

                                                          Vs.

                     1.The State represented by
                       The Superintendent of Police,
                       Office of the Superintendent of Police,
                       Villupuram District.

                     2.The Inspector of Police,
                       All Women Police Station,
                       Tindivanam,
                       Villupuram District.                                         ... Respondents

                     Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to
                     direct the 2nd respondent police to register a FIR on the petitioner's
                     complaint dated 12.04.2022 which was received by the 2nd respondent
                     police in CSR.No.96 of 2022 dated 12.04.2022.

                                     For Petitioner            : Mr.R.Dilli Kumar

                                     For Respondents           : Mr.E.Raj Thilak
                                                                 Additional Public Prosecutor


https://www.mhc.tn.gov.in/judis
                                                           1
                                                                                    Crl.O.P.No.11629 of 2022




                                                           ORDER

This Criminal Original Petition has been filed to direct the 2nd

respondent police to register a FIR on the petitioner's complaint dated

12.04.2022 which was received by the 2nd respondent police in

CSR.No.96 of 2022 dated 12.04.2022.

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing on behalf of the respondents.

3.This petition is not maintainable, in view of the Order passed by

a 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

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

Crl.O.P.No.11629 of 2022

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 Division Bench in the order referred supra.

This Criminal Original Petition is disposed of accordingly.

18.05.2022

Internet:Yes Index :Yes/No Speaking Order/Non-speaking Order ssr

To

1.The Superintendent of Police, Office of the Superintendent of Police, Villupuram District.

2.The Inspector of Police, All Women Police Station, Tindivanam, Villupuram District.

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

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

Crl.O.P.No.11629 of 2022

N. ANAND VENKATESH, J.

ssr

Crl.O.P.No.11629 of 2022

18.05.2022

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