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Madras High CourtWP/19723/2023disposed of

Parveen v. The Director General Of Police

2023-07-05Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.19723 of 2023 Parveen

...Petitioner

-Vs1.The Director General of Police Police Department Dr.Radhakrishnan Salai Mylapore, Chennai 600 004.

2.The Inspector General of Police Office of the IG of Police Trichirapalli 3.S.Abubakkere Siddiq S/o.Sulthan Hayath Apartment No.4B, Anbalagan Street Usman Ali Nagar K.K.Nagar, Trichy 620 021.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of Writ Mandamus directing the 1st and 2nd Respondents to consider and act on the representation of the Petitioner dated 06.06.2023 and take action against the 3rd Respondent.

For Petitioner : Mr.P.Chandrasekar

For respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Writ petition has been filed to direct the 2nd respondent Police to register a case based on the petitioner's Complaint dated 06.06.2023 pending on the file of the respondents 1 and 2.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 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.

This Writ Petition is disposed of accordingly. No costs. 05.07.2023 rka Index : Yes/No Internet : Yes/No

N.ANAND VENKATESH, J.

rka To 1.The Director General of Police Police Department Dr.Radhakrishnan Salai Mylapore, Chennai 600 004.

2.The Inspector General of Police Office of the IG of Police Trichirapalli

3. The Public Prosecutor, High Court, Madras W.P.No.19723 of 2023 05.07.2023