Maheswari v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2022

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.11629 of 2022 Maheswari ... Petitioner Vs.

1.The State represented by The Superintendent of Police, Office of the Superintendent of Police, Villupuram District.

2.The Inspector of Police, All Women Police Station, Tindivanam, Villupuram District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent police to register a FIR on the petitioner's complaint dated 12.04.2022 which was received by the 2nd respondent police in CSR.No.96 of 2022 dated 12.04.2022.

For Petitioner : Mr.R.Dilli Kumar For Respondents: Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent police to register a FIR on the petitioner's complaint dated 12.04.2022 which was received by the 2nd respondent police in CSR.No.96 of 2022 dated 12.04.2022. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar/Vacation Officer //True copy// Sub Assistant Registrar ssr To 1.The Superintendent of Police, Office of the Superintendent of Police, Villupuram District.

2.The Inspector of Police, All Women Police Station, Tindivanam, Villupuram District.

3.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.11629 of 2022 PA(CO) GMY(26/05/2022) https://hcservices.ecourts.gov.in/hcservices/