Anandapriya vs The State
2024 Latest Caselaw 21360 Mad

Madras High Court

Anandapriya vs The State on 8 November, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                              W.P.(MD).No.14026 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 08.11.2024

                                                        CORAM:

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                W.P.(MD).No.14026 of 2023
                     Anandapriya                                                  ...Petitioner
                                                           Vs.

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

                     2.The State
                       Represented by the Inspector of Police,
                       All Women Police Station,
                       Thiruverumpur,
                       Trichy District.

                     3.Jegathish            .                                     ... Respondents
                     Prayer: Writ petition filed under Article 226 of the Constitution of India,
                     for the issuance of Writ of Mandamus, directing the second respondent
                     to conduct enquiry and initiate appropriate action against the third
                     respondent by considering the petitioner’s complaint dated 22.04.2023.


                                      For Petitioner     : Mr.C.Karthikeyan

                                      For R-1 & R-2      : Mr.|A.Albert James,
                                                           Government Advocate
                                                          (Criminal Side)

                                      For R-3            : Mr.P.Gokulnath
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                     1/4
                                                                                 W.P.(MD).No.14026 of 2023


                                                      ORDER

This petition has been filed for the issue of Writ of Mandamus

directing the second respondent to conduct enquiry and initiate

appropriate action against the third respondent by considering the

petitioner’s complaint dated 22.04.2023.

2. Heard the learned counsel on either side.

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 (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.

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4. This Writ Petition is disposed of accordingly. No costs.

08.11.2024 Index :Yes/No Internet : Yes/No TSG To

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

2. The Inspector of Police, All Women Police Station, Thiruverumpur, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.ANAND VENKATESH.J.,

TSG

Order made in

Dated :

08.11.2024

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