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Madras High CourtWP/24856/2021disposed of

P.Vennila v. State By The Commissioner Of Police

2021-11-23Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Writ Petiton.No.24856 of 2021 P.Vennila ... Petitioner

Versus

1.

The State Rep. by The Commissioner of Police, Chennai City, Veppery, Chennai - 600 007.

2.

The Deputy Commissioner of Police, Anna Nagar Police Station, 6th Ave, P Block, Anna Nagar, Chennai - 40.

3.

The Inspector of Police, Raajamangalam Police Station, Kolathur, Chennai - 600 099.

4.

Sivakumar 5.

Bashkar ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to consider the representation dated 04.09.2021 made by the Petitioner.

For Petitioner : Mr.P.Pugalenthi For Respondents 1 to 3 : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to direct the respondents to consider the representation of the petitioner dated 04.09.2021.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.

3.This petition is not maintainable, in view of the Order passed by the 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 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.

4.This Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar vm/asr To 1.The Commissioner of Police, Chennai City, Veppery, Chennai - 600 007.

2.The Deputy Commissioner of Police, Anna Nagar Police Station, 6th Ave, P Block, Anna Nagar, Chennai - 40.

3.The Inspector of Police, Raajamangalam Police Station, Kolathur, Chennai - 600 099.

4.The Public Prosecutor High Court, Madras.

W.P.No.24856 of 2021 GJ(CO) CB(02/12/2021)