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Madras High CourtCRL OP/18729/2020disposed of

Radha v. The Sub Inspector Of Police

2021-01-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.18729 of 2020 Radha

...Petitioner

.Vs.

State rep.by Sub Inspector of Police, Red Hills Police Station, Madhavaram.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register the petitioner complaint dated 09.04.2019 by the CSR No.193 of 2019.

For Petitioner : Mr.Ka.Prabhakaran For Respondent : Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent to register the petitioner complaint dated 09.04.2019 by the CSR No.193 of 2019.

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

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.

4.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar KP To 1.Sub Inspector of Police, Red Hills Police Station, Madhavaram.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18729 of 2020 RSV(CO) CB(03/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers