Madras High CourtCRL OP/11198/2022dismissed

M.Sangeetha v. The State Rep By

2022-06-07Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR CRL.O.P.NO.11198 OF 2022 M.Sangeetha ... Petitioner Vs.

The State rep by The Inspector of Police, M-1, Madhavaram Police Station, Chennai.

... Respondent PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to register the petitioner's complaint dated 27.03.2022 and vide CSR No.298/2022. For Petitioner : Mr.C.Premkumar For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction the respondent to register the petitioner's complaint dated 27.03.2022 and vide CSR No.298/2022.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent 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 https://hcservices.ecourts.gov.in/hcservices/

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 dismissed accordingly. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar shk/rgi To

1. The Inspector of Police, M-1, Madhavaram Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Mariappan, Advocate, S.R.No.33522 Crl.O.P.No.11198 of 2022 SRII(CO) PM/14/06/2022 https://hcservices.ecourts.gov.in/hcservices/