J.Saroja v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.6541 OF 2022 J.Saroja ... Petitioner Vs.

The State, Rep by the Inspector of Police, Taramani Police Station, Chennai 113.

CSR No.275 of 2021 ... Respondent PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register a case in the petitioner complaint dated 27.07.2021 and investigate the same and take appropriate action against the accused persons and file before the concerned Jurisdiction Magistrate within stipulated time.

For Petitioner :

Mr.R.Harinath For Respondent :

Mr.V.Meganathan, Government Advocate (crl.side)

O R D E R

The Criminal Original Petition has been filed seeking for a direction to the respondent police to register a case in the petitioner complaint dated 27.07.2021 and investigate the same and take appropriate action against the accused person and file before the concerned Jurisdiction Magistrate within stipulated time.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (criminal side) and perused the materials available on record.

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

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 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(CO) //True Copy// Sub Assistant Registrar shk/sai To

1. The Inspector of Police, Taramani Police Station, Chennai 113.

CSR No.275 of 2021

2. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Harinath, Advocate, S.R.No.19373 Crl.O.P.No.6541 of 2022 PM(CO) RLP(31/03/2022) https://hcservices.ecourts.gov.in/hcservices/