Dismissed

Mrs.Corolin v. State Rep by

Madras HC20 Apr 2021CRL OP/7328/2021

Case brief

AI extract

What is this about?

In a criminal original petition under Section 482 Cr.P.C. directing police action, the Single Judge held the petition not maintainable. Relying on recent Supreme Court decisions, the Court ruled that the High Court cannot direct FIR registration and the petitioner must avail alternative remedies.

What did the court decide?

The petition was dismissed; the petitioner was directed to avail alternative remedies under Sections 154(3) and 156(3) of the Cr.P.C.

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

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.04.2021 CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.OP.No.7328 of 2021

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Corolin ... Petitioner

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Versus

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1.The State represented by
District Superintendent of Police,
Tirupattur - 635 601.
Tirupattur District.
2.The Inspector of Police,
Tirupattur (Town) Police Station,
Tirupattur, Tirupattur District. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, to direct the second
respondent to take action against the accused person namely,
Muthu to conduct enquiry and investigate the same in
accordance with law.

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For Petitioner : Mr.K.Thiruvalluvan
For Respondents: Mr.C.Raghavan,
Government Advocate
ORDER

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This petition has been filed to direct the second respondent police to register First Information Report based on the petitioner's complaint dated 04.06.2020.

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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 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 https://hcservices.ecourts.gov.in/hcservices/ alternative remedy provided under Section 154 (3) of Cr.P.C.,

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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. Sd/Assistant Registrar(CS) //True Copy// Sub Assistant Registrar

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//True Copy//
Sub Assistant Registrar
mbi
To
1.District Superintendent of Police,
Tirupattur - 635 601.
Tirupattur District.
2.The Inspector of Police,
Tirupattur (Town) Police Station,
Tirupattur, Tirupattur District.
3.The Public Prosecutor,
Madras High Court,
Chennai.
+1cc to Mr.K.Thiruvalluvan , Advocate SR.No. 24535
Crl.OP.No.7328 of 2021
RSV (CO)
A.SK(16.06.2021)

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

Mrs.Corolin v. State Rep by

Case brief

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Mrs.Corolin v. State Rep by

Case brief

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