S.Kavitha v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3920 OF 2022 S.Kavitha

...Petitioner

Vs 1.The Commissioner of Police, Greater Chennai, Egmore- 600 008.

2.The Assistant Commissioner of Police, Alandur, Chennai 600 016.

3.The Inspector of Police, S-4, Nandhambakkam Police Station, Chennai - 600 089.

...Respondents

Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to register FIR based on the petitioner complaint given dated 20.01.2022.

For Petitioner :

Mr.S.Sabarish for Mr.D.Suriyanarayanan For Respondents :

Mr.V.Meganathan, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondents to register FIR based on the petitioner's complaint dated 20.01.2022.

2. Heard the both sides and perused the materials available on record.

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

relying upon Sakiri Vasu's 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 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(CS-VI) // True Copy // Sub Assistant Registrar shk/sai To 1.The Commissioner of Police, Greater Chennai, Egmore- 600 008.

2.The Assistant Commissioner of Police, Alandur, Chennai 600 016.

3.The Inspector of Police, S-4, Nandhambakkam Police Station, Chennai - 600 089.

4.The Public Prosecutor, Madras High Court, Madras.

+1cc to M/s.D.Suriya Narayanan, Advocate Sr.No.12469 Crl.O.P.No.3920 of 2022 NRL(CO) RVM(16/03/2022) https://hcservices.ecourts.gov.in/hcservices/