Madras High CourtCRL OP/8250/2021disposed of

Renu v. The State Rep. By

2021-04-30Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P. No.8250 of 2021 Renu ... Petitioner

Versus

1. The State Rep.by The Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Kandamangalam Police Station, Kandamangalam, Villupuram District.

...

Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a suitable direction to the respondents police to register a case on the basis of petitioner's complaint dated 31.03.2021.

For Petitioner :

Mr.D.Krishnamurthy For Respondents :

Mr.M.Mohamed Riyaz Additional Pubic Prosecutor

ORDER

This petition has been filed to direct the respondents to register the first information report on the basis of the complaint dated 31.03.2021 given by the petitioner to the respondents.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Crl.side) appearing on behalf of the respondents.

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

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 petitioners to workout his remedy as per the directions issued by the Division Bench in the order referred supra. 4.This Criminal Original Petition is disposed of accordingly.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar klt To

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

2. The Inspector of Police, Kandamangalam Police Station, Kandamangalam, Villupuram District.

3.The Public prosecutor, High Court, Madras.

1 cc to Mr. D. Krishnamoorthy, Advocate Sr.26684 CRL.O.P.No.8250 of 2021 EU 8.6.2021 https://hcservices.ecourts.gov.in/hcservices/