D.Lakshmi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.11826 of 2022 D.Lakshmi ... Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Kancheepuram, Kancheepuram District.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to register the FIR in the petitioner's complaint dated 25.04.2022. For Petitioner : Mr.R.Sasikumar For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction the second respondent to register the FIR in the petitioner's complaint dated 25.04.2022.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 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 avail the alternative remedy provided under https://hcservices.ecourts.gov.in/hcservices/

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 dismisssed accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar shk/rgi To 1.The Superintendent of Police, Kancheepuram, Kancheepuram District.

2.The Inspector of Police, All Women Police Station, Kancheepuram, Kancheepuram District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.11826 of 2022 PM(CO) A.SK(14/06/2022) https://hcservices.ecourts.gov.in/hcservices/