Dismissed

A.Sumya Gousar v. the Deputy Superintendent of Police

Madras HC11 Nov 2021CRL OP/20758/2021

Case brief

AI extract

What is this about?

The Madras High Court dismissed a Criminal Original Petition seeking direction to register a complaint and file a FIR. Relying on Supreme Court precedents, the bench held that Section 482 Cr.P.C. cannot be used for this purpose and the informant must approach the police under sections 154(3) and 156(3).

What did the court decide?

Petition dismissed; liberty granted to follow alternative remedies under Sections 154(3) and 156(3) Cr.P.C.

A.Sumya Gousar Vs the Deputy Superintendent of Police — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.11.2021

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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.20758 OF 2021

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A.Sumya Gousar

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 ... Petitioner

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Versus

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1. The State Rep. by its
 The Deputy Commissioner of Police,
 Law and Order,
 Salem City, Salem.

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2. The Sub Inspector of Police, All Women Police Station, Suramangalam, Salem.

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... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, to direct the second respondent
to register the petitioner's complaint dated 13.09.2021 and file
a FIR.

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For Respondents: Mr.R.Vinothraja
 Government Advocate
 [Crl. Side]

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This Criminal Original Petition has been filed to direct
the second respondent to register the petitioner's complaint
dated 13.09.2021 and file a FIR.

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

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

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3.This petition is not maintainable, in view of the Order
passed by the 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 her remedy as per the directions issued by
the Division Bench in the order referred supra.

¶18

4.This Criminal Original Petition is disposed of
accordingly.

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Sd/-

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Assistant Registrar(CS-III)

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// True Copy //

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Sub Assistant Registrar

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vm

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To

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1. The Deputy Commissioner of Police, Law and Order, Salem City, Salem.

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2. The Sub Inspector of Police, All Women Police Station, Suramangalam, Salem.

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3. The Public Prosecutor High Court, Madras.

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+1cc to M/s.S.P.Yuaraj, Advocate, S.R.No.58431

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CRL.O.P.No.20758 of 2021

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KSM(CO)

¶31

RLP(24/11/2021)

¶32

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

A.Sumya Gousar v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

A.Sumya Gousar v. the Deputy Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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