Madras High CourtCRL OP/11567/2021disposed of

N.Sasi Rekha v. The Commissioner Of Police

2021-09-30Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.11567 of 2021 N. Sasi Rekha ... Petitioner

Versus

1. The Commissioner of Police, Chennai Metropolitan, Veppery, Chennai - 7.

2.State rep. By its Inspector of Police, K-10, Koyambedu Police Station, Koyambedu, Chennai ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Inspector of Police, K-10 Koyambedu Police Station, Chennai to register the petitioner's complaint dated 30.06.2021.

For Petitioner : Mr.S.Suresh For Respondents :Mr.A.Damodaran Additional Public Prosecutor (Crl.Side) Page No.1 of 4

ORDER

This petition has been filed to direct the Inspector of Police, K-10 Koyambedu Police Station, Chennai to register the petitioner's complaint dated 30.06.2021.

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 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 Page No.2 of 4

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. 4.This Criminal Original Petition is disposed of accordingly. 30.09.2021 Index: Yes/No Internet: Yes/No sms/gv To

1. The Commissioner of Police, Chennai Metropolitan, Veppery, Chennai - 7.

2.State rep. By its Inspector of Police, K-10, Koyambedu Police Station, Koyambedu, Chennai 3.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

Page No.3 of 4

sms/gv Crl.O.P.No.11567 of 2021 30.09.2021 Page No.4 of 4