R.Umamaheshwari v. The Superintendent 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.4125 of 2022 R.Umamaheswari ... Petitioner Vs 1.The Superintendent of Police Salem District, Salem.

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

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd Respondent to register the Petitioner's complaint dated 09.05.2021 and investigate the matter in accordance with law.

For Petitioner : Mr.P.Dasarathan 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 2nd Respondent to register the Petitioner's complaint dated 09.05.2021 and investigate the matter in accordance with law.

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 relying upon Sakiri Vasu's Case, has categorically held that the https://hcservices.ecourts.gov.in/hcservices/

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-CCC) //True copy// Sub Assistant Registrar shk/sai To 1.The Superintendent of Police Salem District, Salem.

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

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

+1cc to Mr.P.Dasarathan, Advocate SR.No.11869 Crl.O.P.No.4125 of 2022 KV(CO) GMY(17/03/2022) https://hcservices.ecourts.gov.in/hcservices/