Jayammal v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.2873 of 2022 Jayammal

...Petitioner

-Vs1.The Commissioner of Police, O/o.Commissioner of Police, Annathanapatti, Salem - 636 002.

2.The Inspector of Police, Kannankuirchi Police Station, Salem City, Salem.

..Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to direct the 2nd respondent police to register the compliant of the petitioner dated 05.08.2021 in CSR No.508/2021.

For Petitioner :

Mr.M.Senthilkumar For Respondents :

Mr.V.Meghanathan Government Advocate(Crl.Side)

O R D E R

This petition has been filed seeking direction to the 2nd respondent police to register the compliant of the petitioner dated 05.08.2021 in CSR No.508/2021.

2.

Heard the learned Counsel for the petitioner and learned Government Advocate (Crl.Side) for 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., https://hcservices.ecourts.gov.in/hcservices/

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. 4.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar jas/vkr To 1.The Commissioner of Police, O/o.Commissioner of Police, Annathanapatti, Salem - 636 002.

2.The Inspector of Police, Kannankuirchi Police Station, Salem City, Salem.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2873 of 2022 JPL(CO) GMY(21/02/2022) https://hcservices.ecourts.gov.in/hcservices/