Dismissed

Selvi v. the Superintendent of Police

Madras HC8 Oct 2021CRL OP/18274/2021

Case brief

AI extract

What is this about?

The High Court held that a criminal original petition under Section 482 Cr.P.C. seeking direction for FIR registration is not maintainable. Relying on Supreme Court precedents, the court directed the petitioner to approach the Magistrate under Section 156(3) or seek registration under Section 154(3) before approaching the High Court.

What did the court decide?

The petition is dismissed; liberty granted to work out remedy under Section 156(3) or Section 154(3) Cr.P.C.

Selvi Vs the Superintendent of Police — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.10.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.18274 of 2021

Mrs. Selvi

... Petitioner

Versus

1.The Superintendent of Police, Dharmapuri District.

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2.The Inspector of Police, Marandaalli Police Station, Palacode, Dharmapuri District. ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2^nd respondent herein to register the complaint dated 22.09.2021 on file and investigate the same in pursuant to the law.

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For Petitioner : Mr.B.Ramar

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ORDER

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This petition has been filed to direct the 2^nd respondent Police to register a case based on the petitioner's complaint dated 22.09.2021.

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2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) appearing on behalf of the respondents.

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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

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

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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 Criminal Original Petition is disposed of accordingly.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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mpl