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Madras High CourtCRL OP/13359/2021disposed of

J.Devika v. Commissioner Of Police

2021-09-30Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM:

THE HON'BLE MR.JUSTCE M.NIRMAL KUMAR Crl.O.P.No.13359 of 2021 J. Devika ... Petitioner

Versus

1. Commissioner of Police, Veppary, Chennai.

2. Inspector of Police, T1, Ambattur Police Station, Ambattur, Chennai - 600 059.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register an FIR on the complaint of the petitioner dated 23.06.2021. For Petitioner :

Mr.V.V.Sairam For Respondents :

Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the respondents to register an FIR on the complaint of the petitioner dated 23.06.2021.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (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 https://hcservices.ecourts.gov.in/hcservices/

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. sms/gv -sd/- Assistant Registrar True Copy Sub-Assistant Registrar To

1. Commissioner of Police, Veppary, Chennai.

2. Inspector of Police, T1, Ambattur Police Station, Ambattur, Chennai - 600 059.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.13359 of 2021 VGII(CO) DV(21/10/2021) https://hcservices.ecourts.gov.in/hcservices/