Madras High CourtCRL OP/17440/2021disposed of

H.Priyanga v. The Assistant Commissioner Of Police

2021-09-30Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17440 of 2021 H.Priyanga, W/o. Harikrishnan

...Petitioner

Versus

1.The Assistant Commissioner of Police, Assistant Commissioner Office, Ashok Nagar, Chennai-600 024.

2.Inspector of Police, R-3 All Women Police Station, Ashok Nagar, Chennai-600 024.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to grant an order directing the 2nd respondent to register a case on the complaint dated 08.09.2021 given by the petitioner and investigate the same in accordance with law.

For Petitioner :

Mr.R.Sasikumar For Respondents :

Mr.R.Vinoth Raja Govt. Advocate (Crl.side)

ORDER

(This case has been heard through video conference) This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 08.09.2021 pending on the file of the 2nd respondent Police.

2. Heard the submissions of 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 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 (CS-IV) // True Copy // Sub Assistant Registrar rpp/nr To 1.The Assistant Commissioner of Police, Assistant Commissioner Office, Ashok Nagar, Chennai-600 024.

2.Inspector of Police, R-3 All Women Police Station, Ashok Nagar, Chennai-600 024.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sasikumar, Advocate SR.No.50947 CRL.O.P.No.17440 of 2021 AK-II(CO) RVM(20/10/2021)