Madras High CourtCRL OP/23404/2021disposed of

Nirmala v. State Rep By

2021-12-07Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.23404 of 2021 Nirmala ..Petitioner

Versus

1.The State Rep. By The Superintendent of Police, Thiruppathur District, Thiruppathur.

2.The Inspector of Police, Vaniyambodi Town Police Station, Thiruppathur District.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent police to register a case on the petitioner's complaints dated 17.08.2021.

For Petitioner :

Mr.E.Kannadasan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 2nd respondent police to register a case on the petitioner's complaints dated 17.08.2021.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 https://hcservices.ecourts.gov.in/hcservices/

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 his 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-II) //True Copy// Sub Assistant Registrar arr To 1.The Superintendent of Police, Thiruppathur District, Thiruppathur.

2.The Inspector of Police, Vaniyambodi Town Police Station, Thiruppathur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate SR. No.64538 Crl.O.P.No.23404 of 2021 AD (CO) PR (27/12/2021) https://hcservices.ecourts.gov.in/hcservices/