Devasundari v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :06.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20423 of 2020 Devasundari
...Petitioner
vs.
State rep. by Inspector of Police All Women Police Station, Puducherry.
(CSR No.10/ 2020)
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the complaint dated 16.11.2020 and take proper action against the accused persons.
For Petitioner : Mr.A.Arasu Ganeshan For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor
ORDER
This petition has been filed to direct the respondent Police to register a case based on the petitioner's complaint dated 16.11.2020, pending on the file of the respondent Police. 2.Heard the learned counsel appearing 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., https://hcservices.ecourts.gov.in/hcservices/
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 //True Copy// Sub Assistant Registrar jv To
1. The Inspector of Police All Women Police Station, Puducherry.
(CSR No.10/ 2020)
2. High Court of Madras, Chennai 600 104.
+1 cc to M/s.A.Arasu Ganesan, Advocate Sr.No. 1305 Crl.O.P No.20423 of 2020 AK(CO) RMP(03/02/2021) https://hcservices.ecourts.gov.in/hcservices/