Dhanalakshmi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.2635 of 2021 Dhanalakshmi

...Petitioner

.Vs.

1. The Superintendent of Police, The Superintendent of Police Office, Salem District.

2. The Inspector of Police, Omalur Police Station, Omalur, Salem District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to register the complaint of the petitioner dated 29.07.2020, pending investigation on the file of the respondent police.

For Petitioner : Mr.G.Muthukumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to register the FIR based on the complaint given by the petitioner on 29.07.2020. 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 //True Copy// Sub Assistant Registrar KP To

1. The Superintendent of Police, Superintendent of Police Office, Salem District.

2. The Inspector of Police, Omalur Police Station, Omalur, Salem District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Muthukumar, Advocate, S.R.No.8392. CRL.O.P.No.2635 of 2021 EV(CO) CSR: 09.03.2021 https://hcservices.ecourts.gov.in/hcservices/