Madras High CourtCRL OP/18306/2021disposed of

Rajarajeswari v. The Superintend 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.18306 of 2021 Rajarajeswari ... Petitioner

Versus

1.The Superintendent of Police, Thiruvallur Superintendent of Police office, Thiruvallur District.

2.The District crime branch, Thiruvallur, Thiruvallur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register the FIR based on the petitioner's complaint dated 08.07.2021 and to file a final report within the stipulated time.

For Petitioner :

Mr.R.Parthiban For Respondents:

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

ORDER

This petition has been filed to direct the respondents Police to register a case based on the petitioner's complaint dated 08.07.2021.

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-VII) //True copy// Sub Assistant Registrar mpl To 1.The Superintendent of Police, Thiruvallur Superintendent of Police office, Thiruvallur District.

2.The District crime branch, Thiruvallur, Thiruvallur District.

3. The Public Prosecutor, High Court, Madras-104 CRL.O.P.No.18306 of 2021 BD(CO) GMY(03/12/2021) https://hcservices.ecourts.gov.in/hcservices/