Sarathammal vs The State Rep. By
2023 Latest Caselaw 11926 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 05.09.2023

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.26069 of 2023

            Sarathammal                                                                 ... Petitioner
                                                       Vs.

            1.The State Rep. by
              The District Superintendent of Police,
              Chengalpattu,
              Chengalpattu District.

            2.The Inspector of Police,
              Thiruporur Police Station,
              Chengalpattu District.

            3.Mrs.Parvathi Ammal

            4.Mrs.Krishnaveni

            5.Mrs.Saraswathi

            6.Mrs.Umavalli                                                            ...Respondents


            Prayer: Writ Petition is filed under Article 226 of the Constitution of India, pleased to

            issue a Writ of Mandamus, directing the 1st and 2nd respondent to take action against 3

            to 6 respondents by petitioner's complaint dated 11.02.2023.



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https://www.mhc.tn.gov.in/judis
                                  For Petitioners    : Mr.K.Durai Murugan

                                  For Respondents : Mr.A.Damodaran
                                                    Additional Public Prosecutor for R1 and R2

                                                     ORDER

This petition has been filed to direct the 1st and 2nd respondent to take action

against 3 to 6 respondents by petitioner's complaint dated 11.02.2023.

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

Prosecutor appearing on behalf of the 1st and 2nd 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 provided under Section 154

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

05.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

To

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

2.The Inspector of Police, Thiruporur Police Station, Chengalpattu District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

W.P.No.26069 of 2023

05.09.2023

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