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Madras High CourtCRL OP/8816/2022disposed of

M.Meenakshi v. The State Rep By Its,

2022-04-20Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8816 of 2022 M.Meenakshi

...Petitioner

Vs.

1. The State Rep by The Commissioner of Police, EVK Sampath Road, Vepery, Periyamet, Chennai, Tamil Nadu 600 007.

2. The State rep by The Inspector of Police, E-1 Mylapore Police Station, Kutchery road, Mylapore, Chennai 600 004.

...Respondents

PRAYER: The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondents to register a FIR on the written complaint dated 10.03.2022 of the petitioner and investigate the same and proceed thereon in accordance with law.

For Petitioner : Mr.M.Rajeswaran For Respondents : 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 respondents to register a FIR on the written complaint dated 10.03.2022 of the petitioner and investigate the same and proceed thereon in accordance with law.

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

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 (CS-II) //True Copy// Sub Assistant Registrar shk/sai To 1.The Commissioner of Police, EVK Sampath Road, Vepery, Periyamet, Chennai, Tamil Nadu 600 007.

2.The Inspector of Police, E-1 Mylapore Police Station, Kutchery road, Mylapore, Chennai 600 004.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8816 of 2022 NR (CO) PR (04/05/2022) https://hcservices.ecourts.gov.in/hcservices/