Madras High CourtCRL OP/4624/2022disposed of

Mrs.Fathima Begum v. The State Rep By

2022-03-01Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4624 of 2022 Fathima Begum, W/o.Mohammed Ayub ... Petitioner Vs 1.State Represented by The Inspector of Police, G-1 Veppari Police Station, Chennai District.

2.Ashraf Basha S/o.Anwar Basha ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., directing the first respondent to conduct enquiry and register a case in respect of the complaint dated 08.02.2022. For Petitioner : Mr.A.Saranraj For Respondents :

For R1 : Mr.A.GokulaKrishnan Additional Public Prosecutor For R2 : No appearance

ORDER

This Criminal Original Petition has been filed, to direct the first respondent to conduct enquiry and register a case in respect of the complaint dated 08.02.2022.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (criminal side) for the first respondent 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 Hon'ble Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar shk/arb To 1.The Inspector of Police, G-1 Veppari Police Station, Chennai District.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.4624 of 2022 KV(CO) SB(18/03/2022) https://hcservices.ecourts.gov.in/hcservices/