Padmini v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2022

CORAM:

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.1746 of 2022 Padmini W/o.Kunchitham

...Petitioner

Vs.

The State represented by The Inspector of Police, Chidambaram Town Police Station, Chidambaram, Cuddalore District.

...Respondent

PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to register the First Information Report against the accused persons based on the petitioner's complainant dated 22.09.2021 as per law.

For Petitioner : Mr.M.Sarvana Kumar For Respondent : A.Gokulakrishnan Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent police to register a case/FIR against the accused persons based on the complaint of the petitioner dated 22.09.2021, which was duly acknowledged on 23.09.2021 vide CSR No.541 of 2021.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

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

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 //True copy// Sub Assistant Registrar nst/arb To 1.The Inspector of Police, Chidambaram Town Police Station, Chidambaram, Cuddalore District.

2.The Public Prosecutor, High Court of Madras.

+1 CC to Mr.M.Sarvana Kumar, Advocate sr 8923. CRL.O.P.No.1746 of 2022 PL(CO) SP(24/02/2022) https://hcservices.ecourts.gov.in/hcservices/