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Madras High CourtCRL OP/1472/2021disposed of

P.Umadevi v. The State Rep.By Its

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.02.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.1472 of 2021 P.Umadevi .. Petitioner Vs.

The State rep. by its The Inspector of Police (Law & Order), B-1, North Beach Police Station, Chennai - 600 001.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police to investigate and register the case on the petitioner complaint dated 12.02.2020 pending on the file of the respondent police. For Petitioner : Mr.D.Nandhagopal For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent police to investigate and register the case on the petitioner complaint dated 12.02.2020 pending on the file of the respondent police. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

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. s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Inspector of Police (Law & Order), B-1, North Beach Police Station, Chennai - 600 001.

2. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.D.Nandhagopal, Advocate sr 5327.

Crl.O.P.No.1472 of 2021 SMI(CO) SP(23/03/2021) https://hcservices.ecourts.gov.in/hcservices/