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Madras High CourtCRL OP/2481/2021disposed of

Depikka v. State Rep.By

2021-02-11Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.02.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2481 of 2021 Depikka ... Petitioner/Defacto Complainant Vs.

State rep by The Inspector of Police, KannanKuruchi Police Station, Salem.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent Police to conduct enquiry and register a case in respect of the complaint dated 23.11.2020.

For Petitioner : Mr.A.Saranraj For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent Police to register a case based on the petitioner's complaint dated 23.11.2020, pending on the file of the second 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 her 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 IV) //True Copy// Sub Assistant Registrar rli To

1. The Inspector of Police, KannanKuruchi Police Station, Salem.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2481 of 2021 gpl[co] srg 22/03/2021 https://hcservices.ecourts.gov.in/hcservices/