Appadurai v. The Inspector 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.17932 of 2020 Appadurai
...Petitioner
.Vs.
The Inspector of Police, Perumbalai Police Station, Dharmapuri District.
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register the complaint of the petitioner dated 09.10.2020. For Petitioner : Mr. R.Nalliyappan For Respondent : 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 complaint dated 09.10.2020 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 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. https://hcservices.ecourts.gov.in/hcservices/
This Criminal Original Petition is disposed of accordingly.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rm To 1.The Inspector of Police, Perumbalai Police Station, Dharmapuri District.
2.The Public Prosecutor, High Court, Madras.
CRL.O.P.No.17932 of 2020 rm SDR 12/02/2021 https://hcservices.ecourts.gov.in/hcservices/