Divya v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 9/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.9358 of 2022 Divya

...Petitioner

Vs State rep. By The Sub-Inspector of Police E 4 Kavarapettai Police Station Thiruvallur District.

...Respondent

PRAYER:Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register a case based upon the petitioner's complaint dated 30/3/2022.

For Petitioner ...

Mr.A.M.Rahamath Ali For Respondent ...

Mr.A. Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent to register a case based upon the petitioner's complaint dated 30/3/2022.

2.Heard Mr.A.M.Rahamath Ali, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondent.

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

Cr.P.C., and Section 156 (3) of Cr.P.C.

4.In the result, this Criminal Original Petition is dismissed. Liberty is granted to the petitioner to workout his remedy, as per the directions issued by the Hon'ble Division Bench in the order referred supra.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mvs.

To

1. The Sub-Inspector of Police E 4 Kavarapettai Police Station Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.M.Rahmath Ali, Advocate, S.R.No.34674 Crl. O.P. No.9358 of 2022 PL(CO) RGA(17/06/2022) https://hcservices.ecourts.gov.in/hcservices/