S.Bhuvaneswari v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.20413 of 2020 S.Bhuvaneswari, W/o.Paramasivan.

...Petitioner

.Vs.

The State rep. by The Inspector of Police, Thirupalaivanam Police Station, Ponneri Taluk, Thiruvallur-601205.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register the complaint given by the petitioner dated 07.08.2020 and to proceed with the investigation according to law. For Petitioner : Mr.R.Perumal Raj For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent Police to register an FIR based on the petitioner's complaint dated 07.08.2020 pending on the file of the respondent police.

2.Heard the learned counsel for the petitioner 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 Page numbers https://hcservices.ecourts.gov.in/hcservices/

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. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar rm To 1.The Inspector of Police, Thirupalaivanam Police Station, Ponneri Taluk, Thiruvallur-601 205.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.20413 of 2020 SSI(CO) CB(03/02/2021) Page numbers https://hcservices.ecourts.gov.in/hcservices/