T.S.Arivagam v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.03.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.4773 of 2021 T.S.Arivagam .. Petitioner Vs.

1. The State Rep. by The Commissioner of Police, Greater Chennai, EVK Sampath Road, Vepery, Chennai - 9.

2. The Inspector of Police, Pallikaranai Police Station, Chennai.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to Register FIR based on the petitioner's compliant dated on 04.11.2020.

For Petitioner : Mr.S.Sucendran For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 2nd respondent to Register FIR based on the petitioner's compliant dated on 04.11.2020.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

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

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. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ssr To

1. The Commissioner of Police, Greater Chennai, EVK Sampath Road, Vepery, Chennai - 9.

2. The Inspector of Police, Pallikaranai Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sugendran, Advocate, S.R.No.15316. Crl.O.P.No.4773 of 2021 PMK(CO) CSR 26.03.2021 https://hcservices.ecourts.gov.in/hcservices/