Madras High CourtCRL OP/5692/2021disposed of

R.Gomathi v. The Superintendent Of Police

2021-03-25Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.03.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5692 of 2021 R.Gomathi ... Petitioner Vs.

1. The Superintendent of Police, Erode District, Erode.

2. The Deputy Superintendent of Police, Sathyamangalam, Erode District.

3. The Inspector of Police, Sathyamangalam Police Station, Sathyamangalam, Erode District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents to register the case based on the complaint of the petitioner dated 18.06.2019 and vide CSR No.85/2019.

For Petitioner : Mr.V.Logeshwaran For Respondents : Mr.M.Mohammed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to register the case based on the complaint of the petitioner dated 18.06.2019 and vide CSR No.85/2019.

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

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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., 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 III) //True Copy// Sub Assistant Registrar ssr To

1. The Superintendent of Police, Erode District, Erode.

2. The Deputy Superintendent of Police, Sathyamangalam, Erode District.

3. The Inspector of Police, Sathyamangalam Police Station, Sathyamangalam, Erode District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.5692 of 2021 ssn[co] srg 11/06/2021 https://hcservices.ecourts.gov.in/hcservices/