V.Sumathi v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.19872 of 2020 1 V.SUMATHI 2 K.PADMAVATHI 3 K.MUTHULAKSHMI 4 K.KARTHIKEYAN 5 M.ANUSUYA 6 V.VIJAYAKUMARI 7 S.ANURADHA 8 K.MOORTHI 9 A.PALANISAMY 10 D.AMSAVENI 11 S.RAMALAKSHMI 12 R.SENTHIL KUMAR 13 R.SHANTHI 14 S.INDIRA 15 P.MADHAMMAL 16 S.STELLA 17 M.CHELLASAMY 18 K.UMA MAHESWARI 19 R.ANGALEESWARI 20 R.KALPANA 21 V.MALATHI 22 C.ANITHA 23 M.MALIGA 24 R.MAHADEVI 25 R.BAGYALAKSHMI .. Petitioners .vs.

1 THE COMMISSIONER OF POLICE COIMBATORE CITY COIMBATORE.

2 THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING OFFICE OF THE COMMISSIONER OF POLICE COIMBATORE.

..Respondents This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to forthwith register a case on the basis of the complaint of the Petitioners dated 05.11.2020 and to investigate the same and to file a final report.

For Petitioners : Mr.K.Selvaraj For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent to forthwith register a case on the basis of the complaint of the Petitioners dated 05.11.2020 and to investigate the same and to file a final report.

2.

Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor 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 /true copy/ Sub Asst. Registrar mra

To 1 THE COMMISSIONER OF POLICE COIMBATORE CITY COIMBATORE.

2 THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING OFFICE OF THE COMMISSIONER OF POLICE COIMBATORE.

3.THE ADDITIONAL PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

Crl.O.P. No.19872 of 2020 rr(co) aa03/02/2021