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Madras High CourtCRL OP/660/2022disposed of

M.Jayakumari v. The Commissioner Of Police

2022-02-21Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2022

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.660 OF 2022 M.Jayakumari ... Petitioner .Vs.

1. The Commissioner of Police, Chennai City, Veppery, Chennai - 600 007.

2. The Inspector of Police, R.8 Vadapalani Police Station, Chennai - 600 026.

... Respondents PRAYER:- This Criminal Original Petition filed under Section 482 Cr.P.C. to pass an order, directing the second respondent police the Inspector of Police, R.8, Vadapalani Police Station, Chennai - 600 026 to register the complaint deed 13.08.2021 and thus render justice.

For Petitioner :

Mr.E.Murugan For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent police/the Inspector of Police, R.8, Vadapalani Police Station, Chennai - 600 026 to register the complaint dated 13.08.2021.

2. Heard the learned counsels and perused the materials available on record.

3. This petition is not maintainable, in view of the Order passed by a Hon'ble Division Bench of this Court in https://hcservices.ecourts.gov.in/hcservices/

G.Prabhakaran vs. 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 his remedy as per the directions issued by the Hon'ble Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nti/ssi To 1.

The Commissioner of Police, Chennai City, Veppery, Chennai - 600 007.

2.

The Inspector of Police, R.8 Vadapalani Police Station, Chennai - 600 026.

3.

The Public Prosecutor, Madras High Court.

+1cc to Mr.E.Murugan, Advocate, S.R.No.11489 CRL.O.P.NO.660 OF 2022 RSI(CO) PBS/14/03/2022 https://hcservices.ecourts.gov.in/hcservices/