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Madras High CourtCRL OP/2975/2021disposed of

P.Uma v. The Commissioner Of Police,

2021-02-17Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.02.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2975 of 2021 P.Uma ... Petitioner Vs.

1. The Commissioner of Police Salem City Sankari Main Road Neethimedu Salem, Tamil Nadu - 636 002.

2. The Deputy Commissioner of Police Salem City Sankari Main Road Neethimedu Salem, Tamil Nadu - 636 002.

3. The Assistant Commissioner of Police Salem City Sankari Main Road Neethimedu Salem, Tamil Nadu - 636 002.

4. Inspector of Police Salem Town Police Station Salem District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 1 to 3 Respondents to register the Petitioner complaint dated 06.11.2020 and take action against the accused persons Kumar, Inspector of Police and investigate the same in accordance with law. For Petitioner : Mr.Abinesh Babu For Respondents : Mr.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents Police to register a case based on the petitioner's complaint dated 06.11.2020, pending on the file of the first respondent Police.

2.

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

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 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.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar rli To

1. The Commissioner of Police Salem City Sankari Main Road Neethimedu Salem, Tamil Nadu - 636 002.

2. The Deputy Commissioner of Police Salem City Sankari Main Road Neethimedu Salem, Tamil Nadu - 636 002.

3. The Assistant Commissioner of Police Salem City Sankari Main Road Neethimedu Salem, Tamil Nadu - 636 002.

4. Inspector of Police Salem Town Police Station Salem District.

5. The Public Prosecutor, High Court, Madras.

+2 ccs to M/s.Abinesh Babu Advocate sr9718 Crl.O.P.No.2975 of 2021 pl(co) aa12/03/2021