Madras High Court
Louyeraja vs The Director Inspector General Of ... on 8 November, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD).No.12733 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.12733 of 2023
Louyeraja ...Petitioner
Vs.
1.The Director Inspector General of Police,
DIG-Office,
Ramanathapuram.
2.The Superintendent of Police,
Office of the Superintendent of Police,
Ramanathapuram District.
3.The Deputy Superintendent of Police,
Deputy Superintendent of Police,
Paramakudi.
4.The Inspector of Police,
Parthipannoor Police Station,
Ramanathapuram District.
5.Mrs.Sudha,
Inspector of Police,
Parthipanoor Police Station,
Ramanathapuram District. ... 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 register a FIR in extraneous situation based on the petitioner’s
complaint on 14.11.2022, as per law within a stipulated time that may be
fixed by this Court.
https://www.mhc.tn.gov.in/judis
1/5
W.P.(MD).No.12733 of 2023
For Petitioner : Mr.R.Senthilkumar
For R-1 to R-5 : Mr.A.Albert James,
Government Advocate
(Criminal Side)
ORDER
This petition has been filed for the issue of Writ of Mandamus
directing the second respondent to register the First Information Report
in extraneous situation based on the petitioner’s complaint on
14.11.2022, as per law within a stipulated time that may be fixed by this
Court.
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
https://www.mhc.tn.gov.in/judis
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.
4. This Writ Petition is disposed of accordingly. No costs.
08.11.2024
Index :Yes/No
Internet : Yes/No
TSG
To
1.The Director Inspector General of Police,
DIG-Office,
Ramanathapuram.
2.The Superintendent of Police,
Office of the Superintendent of Police,
Ramanathapuram District.
3.The Deputy Superintendent of Police,
Deputy Superintendent of Police,
Paramakudi.
4.The Inspector of Police,
Parthipannoor Police Station,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
5.Mrs.Sudha,
Inspector of Police,
Parthipanoor Police Station,
Ramanathapuram District.
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH.J.,
TSG
Order made in
Dated :
08.11.2024
https://www.mhc.tn.gov.in/judis
