Madras High CourtCRL OP/18274/2021disposed of

Selvi v. The Superintendent Of Police

2021-10-08Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18274 of 2021 Mrs. Selvi ... Petitioner

Versus

1.The Superintendent of Police, Dharmapuri District.

2.The Inspector of Police, Marandaalli Police Station, Palacode, Dharmapuri District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent herein to register the complaint dated 22.09.2021 on file and investigate the same in pursuant to the law.

For Petitioner :

Mr.B.Ramar For Respondents :

Mr.R.Vinoth Raja, Government Advocate (crl.side)

ORDER

This petition has been filed to direct the 2nd respondent Police to register a case based on the petitioner's complaint dated 22.09.2021.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.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 https://hcservices.ecourts.gov.in/hcservices/

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 VIII) //True Copy// Sub Assistant Registrar mpl To 1.The Superintendent of Police, Dharmapuri District.

2.The Inspector of Police, Marandaalli Police Station, Palacode, Dharmapuri District.

CRL.O.P.No.18274 of 2021 CA (CO) PR (10/11/2021) https://hcservices.ecourts.gov.in/hcservices/