Dismissed

P.Umadevi v. the State Rep.by Its

Madras HC2 Feb 2021CRL OP/1472/2021

Case brief

AI extract

What is this about?

The Madras High Court held that a Criminal Original Petition under S. 482 Cr.P.C. is not maintainable to direct police registration of an FIR. The court relied on Supreme Court precedent, directing the petitioner to exhaust alternative remedies under S. 154 and S. 156(3) Cr.P.C.

What did the court decide?

Petition dismissed; liberty given to petitioner to workout remedy under S. 154(3) and S. 156(3) Cr.P.C.

P.Umadevi Vs the State Rep.by Its — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 02.02.2021

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CORAM

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THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

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Crl.O.P.No.1472 of 2021

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P.Umadevi

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The State rep. by its

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The Inspector of Police (Law & Order), B-1, North Beach Police Station, Chennai – 600 001.

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.. Respondent

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Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police to investigate and register the case on the petitioner complaint dated 12.02.2020 pending on the file of the respondent police.

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For Petitioner : Mr.D.Nandhagopal

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For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

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O R D E R

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This petition has been filed to direct the respondent police to investigate and register the case on the petitioner complaint dated 12.02.2020 pending on the file of the respondent police.

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2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

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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

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https://hcservices.ecourts.gov.in/hcservices/

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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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This Criminal Original Petition is disposed of accordingly.

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s/dAssistant Registrar

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True Copy

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Sub-Assistant Registrar

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