Brinda Kesavan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.18370 of 2020 Brinda Kesavan

...Petitioner/Defacto

Complainant .Vs.

1.The State rep.by The Commissioner of Police Periyar Salai, Chennai.

2.The Assistant Commissioner of Police Pallavaram Police Station, Zamin Pallavaram, Chennai.

2A.The Inspector of Police Pallavaram Police Station, Chennai.

...Respondents/Respondents 1 & 2& 2A

3.Sakthi Murugan 4.Monisha @ Anu

...Respondent/Accused 1&2

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register the FIR based on the petitioner's complaint dated 07.03.2020.

For Petitioner : M/s.V.Mahathi Chari For RR 1, 2&2A : Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1, 2 and 2A to register the FIR, based on the petitioner's complaint dated 07.03.2020. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents 1, 2 and 2A.

https://hcservices.ecourts.gov.in/hcservices/ Page numbers

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 the petitioner to workout her remedy as per the directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To 1.The Commissioner of Police Periyar Salai, Chennai.

2.The Assistant Commissioner of Police Pallavaram Police Station, Zamin Pallavaram, Chennai.

3.The Inspector of Police Pallavaram Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18370 of 2020 PVS(CO) CB(02/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers