Madras High CourtCRL OP/2509/2021disposed of

S.Gulzar Begum v. State Rep By

2021-02-12Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.02.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2509 of 2021 S.Gulzar Begum .. Petitioner Vs.

1. The Superintendent of Police, Villupuram District.

2. The Inspector of Police, Tindivanam Taluk Town Police Station, Tindivanam Taluk, Villupuram District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue appropriate direction to the respondents to register a first information report on the basis of the complaint dated 27.01.2020 given by the petitioner and to proceed further in accordance with law.

For Petitioner : Mr.S.Madhar Khan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to issue appropriate direction to the respondents to register a first information report on the basis of the complaint dated 27.01.2020 given by the petitioner and to proceed further in accordance with law. 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 https://hcservices.ecourts.gov.in/hcservices/

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 Division Bench in the order referred supra. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssr To

1. The Superintendent of Police, Villupuram District.

2. The Inspector of Police, Tindivanam Taluk Town Police Station, Tindivanam Taluk, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Madhar Khan , Advocate SR.No. 8015 Crl.O.P.No.2509 of 2021 A.SK(10.03.2021) https://hcservices.ecourts.gov.in/hcservices/