Madras High CourtCRL OP/9016/2022disposed of

Navaindiya v. Inspector Of Police

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.9016 OF 2022 Tmt.Navaindiya

...Petitioner

Vs.

The Inspector of Police, Arakkonam Town Police Station, Arakkonam, Ranipet District.

...Respondent

PRAYER : The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondent to register the complaint based on the complaint given by the petitioner on 08.08.2021 and the same is pending in CSR No.807 of 2021 on the file of the respondent.

For Petitioner :

Mr.K.S.Purushothaman For Respondents :

Mr.A.Gokulakrishnan, Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed seeking for a direction to the respondent to register the complaint based on the complaint given by the petitioner on 08.08.2021, pending in CSR No.807 of 2021 on the file of the respondent.

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

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 // True Copy // Sub Assistant Registrar shk/sai To 1.The Inspector of Police, Arakkonam Town Police Station, Arakkonam, Ranipet District.

2.The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.S.Purushothaman, Advocate, S.R.No. 31179[31/05/2022] Crl.O.P.No.9016 of 2022 BP(CO) RVM(10/05/2022) https://hcservices.ecourts.gov.in/hcservices/