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Madras High CourtCRL OP/19936/2020disposed of

Malathi v. State By,

2021-01-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P. No.19936 of 2020 MALATHI ..Petitioner .vs.

STATE BY THE INSPECTOR OF POLICE (AWPS) THIRUMANGALAM POLICE STATION ANNA NAGAR.

..Respondent This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondent to register a case on the complaint given by the petitioner dated 14.03.2020 in CSR No.104/2020 and to proceed with investigation according to law.

For Petitioner : Mr.M.P.Rajavelayutham For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent to register a case on the complaint given by the petitioner dated 14.03.2020 in CSR No.104/2020 and to proceed with investigation according to law.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

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// mra Sub Assistant Registrar To 1.

THE INSPECTOR OF POLICE (AWPS ) THIRUMANGALAM POLICE STATION ANNA NAGAR.

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

+1cc to M/s.S.Doraisamy, Advocate, S.R.No.655 Crl.O.P. No.19936 of 2020 rr(CO) rv(02/02/2021) https://hcservices.ecourts.gov.in/hcservices/