Dismissed

R.Vinitha v. State Rep by

Madras HC17 Nov 2021CRL OP/20854/2021

Case brief

AI extract

What is this about?

In this Criminal Original Petition filed under Section 482 Cr.P.C. to direct police registration of an FIR, the Hon'ble Court held the petition was not maintainable. Relying on G.Prabhakaran and M. Subramaniam, the Court ruled that the High Court cannot direct FIR registration under Section 482 and directed the petitioner to seek relief under Sections 154(3) and 156(3) Cr.P.C.

What did the court decide?

Petitioner directed to workout remedy under Section 154(3) and 156(3) Cr.P.C. instead of Section 482.

R.Vinitha Vs State Rep by — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.20854 of 2021

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R. Vinitha ... Petitioner

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Vs.

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The State Rep by Sub-Inspector of Police, All Women Police Station, Virudhachalam Taluk, Cuddalore District - 606 001. ... Respondent

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PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register an FIR based on the petitioner complaint dated 24.08.2021.

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

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This Criminal Original Petition has been filed to direct the respondent to register an FIR based on the petitioner complaint dated 24.08.2021.

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

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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. https://hcservices.ecourts.gov.in/hcservices/ Liberty is given to the petitioner to workout her remedy as

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per the directions issued by the Division Bench in the order referred supra.

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