Madras High CourtCRL OP/19004/2021disposed of

A.Gunasundari v. State By

2021-10-21Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.19004 of 2021 A.Gunasundari ... Petitioner

Versus

State by 1.The Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, Perundurai Police Station, Perundurai, Erode District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue directions, directing the second respondent police to register FIR against the named said persons on the basis of the complaint lodged by the petitioner on 28.09.2021.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Vinoth Raja Government Advocate (Crl.Side)

ORDER

This petition has been filed to issue directions, directing the second respondent police to register FIR against the named said persons on the basis of the complaint lodged by the petitioner on 28.09.2021.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing on behalf of the https://hcservices.ecourts.gov.in/hcservices/

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 her 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 ah To 1.The Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, Perundurai Police Station, Perundurai, Erode District.

3.The Public Prosecutor High Court, Madras.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.54044 CRL.O.P.No.19004 of 2021 CP(CO) SB(01/11/2021) https://hcservices.ecourts.gov.in/hcservices/