Madras High CourtCRL OP/20758/2021disposed of

A.Sumya Gousar v. The Deputy Superintendent Of Police

2021-11-11Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.20758 OF 2021 A.Sumya Gousar ... Petitioner

Versus

1. The State Rep. by its The Deputy Commissioner of Police, Law and Order, Salem City, Salem.

2. The Sub Inspector of Police, All Women Police Station, Suramangalam, Salem.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the petitioner's complaint dated 13.09.2021 and file a FIR.

For Petitioner : Mr.S.P.Yuaraj 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 petitioner's complaint dated 13.09.2021 and file a FIR.

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

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 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-III) // True Copy // Sub Assistant Registrar vm To

1. The Deputy Commissioner of Police, Law and Order, Salem City, Salem.

2. The Sub Inspector of Police, All Women Police Station, Suramangalam, Salem.

3. The Public Prosecutor High Court, Madras.

+1cc to M/s.S.P.Yuaraj, Advocate, S.R.No.58431 CRL.O.P.No.20758 of 2021 KSM(CO) RLP(24/11/2021) https://hcservices.ecourts.gov.in/hcservices/