D.Valarmathi Raveendran v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.20138 of 2021 D.Valarmathi Raveendran ... Petitioner

Versus

1. The Superintendent of Police, Chengalpet District, Chengalpet.

2. The Inspector of Police, Kelambakkam Police Station, Kelambakkam, Chengalpet.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the FIR on the basis of the complaint given by the petitioner to the respondents on 23.09.2021 and investigate the matter in accordance with law.

For Petitioner :

Mr.K.Durai Murugan For Respondents:

Mr.R.Vinothraja Government Advocate [Crl. Side]

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to register the FIR on the basis of the complaint given by the petitioner to the respondents on 23.09.2021 and investigate the matter in accordance with law. 2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.

3.This petition is not maintainable, in view of the Order https://hcservices.ecourts.gov.in/hcservices/

passed by the 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, Chengalpet District, Chengalpet.

2. The Inspector of Police, Kelambakkam Police Station, Kelambakkam, Chengalpet.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.K.Durai Murugan, Advocate, S.R.No.57379 CRL.O.P.No.20138 of 2021 PA(CO) SU(22/11/2021) https://hcservices.ecourts.gov.in/hcservices/