Mariya Selvam v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Maria Selvam ... Petitioner Vs.
State by The Inspector of Police, V5- Thirumangalam Police Station, Chennai ... Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police viz, the Inspector of Police, V5, Thirumangalam Police Station, Chennai to take further action and to investigate according to her complaint dated 06.01.2021. For Petitioner : Mr.A.Rajaram For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated
06.01.2021.
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.
This Criminal Original Petition is disposed of accordingly. 21.01.2021 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No rka
To
1. State by The Inspector of Police, V5- Thirumangalam Police Station, Chennai 2.The Public Prosecutor, Madras High Court.
N.ANAND VENKATESH,J.
rka 21.01.2021