Madras High CourtCRL OP/16533/2021closed

Uma v. State Rep By

2021-09-22Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.16533 of 2021 Uma ...

Petitioner

Versus

1.The State rep. by, Inspector of Police, M5, Vadavalli Police Station, Somayampalayam, Coimbatore, Tamilnadu 641 046.

2.The Superintendent of Police State Bank Rd, Opp.Railway Station, Gopalapuram, Coimbatore, Tamilnadu 641018 ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register FIR against the accused K. Parthiban, Karunanithi and Nirmala based on the complaint dated 19.08.2021. For Petitioner : Ms.M.Karpagam For Respondents: Mr.R.Vinoth Raja Govt. Advocate(Crl.side)

ORDER

This petition has been filed to direct the respondent police to register FIR against the accused K. Parthiban, Karunanithi and Nirmala based on the complaint dated 19.08.2021. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 //True copy// Sub Assistant Registrar nr/sms To 1.The Inspector of Police, M5, Vadavalli Police Station, Somayampalayam, Coimbatore, Tamilnadu 641 046.

2.The Superintendent of Police State Bank Rd, Opp.Railway Station, Gopalapuram, Coimbatore, Tamil Nadu 641018

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.16533 of 2021 CA(CO) SB(12/11/2021) https://hcservices.ecourts.gov.in/hcservices/