Madras High CourtCRL OP/16399/2020disposed of

Mahalakshmi v. The Inspector Of Police

2021-01-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P. No.16399 of 2020 Mahalakshmi .. Petitioner .vs.

The Inspector of Police, Cyber Crime Cell,(Team-30) Cyber Crime Branch, O/o.Commissioner of Police, Vepery, Chennai-7.

..Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register a case based on the complaint dated 05.09.2020 of the petitioner.

For Petitioner : Mr.P.G.Thiyagu For Respondents: Mr.M.Mohamed Riyaz, Addl. Public Prosecutor

ORDER

This petition has been filed to direct the respondent to register a case based on the complaint dated 05.09.2020 of the petitioner.

2.Heard the learned counsel for the petitioner and the learned Addl. 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 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 https://hcservices.ecourts.gov.in/hcservices/ Page numbers

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 //True Copy// Sub Assistant Registrar msr To 1.The Inspector of Police, Cyber Crime cell (Team-30) C.C.B., Commissioner Office Building, E.V.K.Smapath Salai, Vepery, Chennai.

2.The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P. No.16399 of 2020 UM(CO) CB(01/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers