P.Chinnammal v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.03.2021
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.4114 of 2021 P.Chinnammal .. Petitioner Vs.
1. The Commissioner of Police, Salem City, Salem.
2. The Inspector of Police, Veeranam Police Station, Salem District.
.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, directing the 2nd respondent Police to register a case based on the complaint given by the petitioner herein to the respondents on 05.12.2019.
For Petitioner : Mr.T.Shanmugam For Respondents : 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 05.12.2019, pending on the file of the first respondent Police.
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 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., https://hcservices.ecourts.gov.in/hcservices/
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(CS VIII) //True Copy// Sub Assistant Registrar rli To
1. The Commissioner of Police, Salem City, Salem.
2. The Inspector of Police, Veeranam Police Station, Salem District.
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.4114 of 2021 PMK(CO) CSR 25.03.2021 https://hcservices.ecourts.gov.in/hcservices/