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Madras High CourtCRL OP/17698/2020disposed of

Malavika Anand v. The Inspector Of Police

2021-01-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.17698 of 2020 Malavika Anand, D/o.P.K.K.Anandan.

...Petitioner

.Vs.

The Inspector of Police, B5, Singanallur Police Station, Coimbatore.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register the FIR against the petitioner's mother viz.Hemalatha and Raghunath pursuant to the complaint dated 02.07.2015, 10.05.2018 and 21.01.2020.

For Petitioner : Mr.P.Pandiyaraj For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent Police to register an FIR based on the petitioner's complaints dated 02.07.2015, 10.05.2018 and 21.01.2020, 18.08.2020, pending on the file of the respondent police.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

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

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. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, B5, Singanallur Police Station, Coimbatore.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.17698 of 2020 rr ii (20/01/2021) https://hcservices.ecourts.gov.in/hcservices/