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Madras High CourtCRL OP/16141/2021disposed of

Nithya v. State Rep By

2021-09-21Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.16141 of 2021 Nithya.

... Petitioner/Complainant

Versus

The State rep. by the The Inspector of Police, All Women Police Station, Dharmapuri District.

... Respondent/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 lodged by the petitioner dated 23.07.2021 against the named person in the complaint. For Petitioner :

Mr.V.Sakkarapani.

For Respondents:

Mr.R.Vinoth Raja, Government Advocate (crl.side)

ORDER

This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 23.07.2021 pending on the file of the respondent Police. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) 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 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 https://hcservices.ecourts.gov.in/hcservices/

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.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mpl To 1.The Inspector of Police, All Women Police Station, Dharmapuri District.

2.The Public Prosecutor, High Court, Chennai-104.

+1cc to Mr.V.Sakkarapani, Advocate Sr.48112 CRL.O.P.No.16141 of 2021 pvs[co] srg 20/10/2021 https://hcservices.ecourts.gov.in/hcservices/