Madras High CourtWP/23342/2023disposed of

Anusuya v. State Rep By Its

2023-08-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Anusuya W/o.Kandasamy .. Petitioner Vs.

The State represented by its Superintendent of Police, West Villianur, Puducherry.

..Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondent police to register the complaint dated 23.06.2022 preferred by the petitioner and investigate the matter in accordance with law. For Petitioner : Mr.G.Chandrasekhar For Respondent : Mr.K.S.Mohandoss Public Prosecutor (P) ***** 1/4

O R D E R

This petition has been filed to issue a Writ of Mandamus directing the respondent police to register the complaint dated 23.06.2022 preferred by the petitioner and investigate the matter in accordance with law.

2. Heard Mr.G.Chandrasekhar, learned counsel for petitioner and Mr.K.S.Mohandoss, learned Public Prosecutor (P) 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 2/4

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.

This Criminal Original Petition is disposed of accordingly. 14.08.2023 Index : Yes/No Internet : Yes/No gm To 1.The Superintendent of Police, West Villianur, Puducherry.

2.The Public Prosecutor (P) High Court of Madras.

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N.ANAND VENKATESH, J gm 14.08.2023 4/4