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Madras High CourtCRL OP/18163/2020disposed of

C,Chitra v. The Superintendent 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.18163 of 2020 C.Chitra .. Petitioner vs.

1.Superintendent of Police, Salem District, Salem.

2.Inspector of Police, Kolathur Police Station, Salem.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to enquire and register the case based on the complaint of the petitioner dated 26.08.2020 in C.S.R.No.143/2020. For Petitioner : Mr.C.Selvaraj For Respondents: Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents to enquire and register the case based on the petitioner's complaint dated 26.08.2020 in C.S.R.No.143/2020.

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

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

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 //True Copy// Sub Assistant Registrar KP To 1.Superintendent of Police, Salem District, Salem.

2.Inspector of Police, Kolathur Police Station, Salem.

3.The Additional Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Selvam, Advocate, S.R.No. 103 Crl.O.P No.18163 of 2020 RSV(CO) GN(01/02/2021) https://hcservices.ecourts.gov.in/hcservices/