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Madras High CourtCRL OP/3009/2022disposed of

K.Bindu v. Commissioner Of Police

2022-02-11Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3009 of 2022 K.Bindu

...Petitioner

-Vs1.The Commissioner of Police, Office of the Commissioner of Police, Chennai District.

2.The State by Inspector of Police, E-3, Teynampet Police Station, Chennai - 600 018.

..Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to direct the respondents to register the petitioner's complaint dated 30.09.2021 and investigate with respect of the above facts. For Petitioner :

Mr.M.Ravindhar For Respondents :

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

ORDER

This petition has been filed seeking direction to the respondent to register the petitioner's complaint dated 30.09.2021 and investigate with respect of the above facts. 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 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. 4.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jas/rst To 1.The Commissioner of Police, Office of the Commissioner of Police, Chennai District.

2.The Inspector of Police, E-3, Teynampet Police Station, Chennai - 600 018.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Ravindhar, Advocate, S.R.No.9118 Crl.O.P.No.3009 of 2022 SV(CO) SB(24/02/2022) https://hcservices.ecourts.gov.in/hcservices/