Madras High Court
B.Padma vs The Commissioner Of Police on 27 April, 2021
W.P.No.10549 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.10549 of 2021
B.Padma ...
Petitioner
Versus
1.The Commissioner of Police
No.132, Commissioner Office Building
Greater City of Chennai,
E.V.K.Sampath Road, Vepery,
Chennai 600 007.
2.The State represented by
Inspector of Police, (L & O)
J-8, Neelangarai Police Station
Neelangarai,
Chennai 600 041.
3.C.Balamurugan
4.B.Gayathiri ... Respondents
Page No.1 of 6
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W.P.No.10549 of 2021
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, directing the respondents 1 & 2
to complete the investigation in C.S.R.No.534 of 2020 dated
01.11.2020 on the file of the second respondent in accordance with
law and remove the encroachment cum land grabber the third and
fourth respondents and his henchmen from the premises No.27b
Akkarai Village, Main Salai Akkarai, Sholinganallur, Chennai 600
119 and restrain the land grabber the third and fourth respondents
and their henchmen from further perpetrating their illegal
encroachment and trespass into other four portions in the premises
No.27b Akkarai Village, Main Salai Akkarai, Sholinganallur,
Chennai 600 119 to provide Police Protection to the above said
property.
For Petitioner : Mr.J.R.K.Bhavanantham
For Respondents : Mr.M.Mohamed Riyaz for R1 & R2
Additional Public Prosecutor
ORDER
This petition has been filed seeking for a direction to
the respondents 1 & 2 to complete the investigation in
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W.P.No.10549 of 2021
C.S.R.No.534 of 2020 dated 01.11.2020 on the file of the second
respondent in accordance with law and remove the encroachment
cum land grabber the third and fourth respondents and his
henchmen from the premises No.27b Akkarai Village, Main Salai
Akkarai, Sholinganallur, Chennai 600 119 and restrain the land
grabber the third and fourth respondents and their henchmen from
further perpetrating their illegal encroachment and trespass into
other four portions in the premises No.27b Akkarai Village, Main
Salai Akkarai, Sholinganallur, Chennai 600 119 to provide Police
Protection to the above said property.
2. Heard the learned counsel for the petitioner and the
learned Additional Public Prosecutor appearing on behalf of the
respondents.
3. This petition is not maintainable, in view of the Order
passed by a Division Bench of this Court in G.Prabhakaran v. The
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W.P.No.10549 of 2021
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 Writ Petition is disposed of accordingly. No costs.
27.04.2021
Index: Yes/No
Internet: Yes/No
dna
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W.P.No.10549 of 2021
To
1.The Superintendent of Police
Krishnagiri District,
Krishnagiri – 635 115.
2.The Deputy Superintendent of Police
Gandhi Road,
Krishnagiri.
3.The Inspector of Police
Krishnagiri Town Police Station
Krishnagiri.
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W.P.No.10549 of 2021
M.NIRMAL KUMAR, J.
dna
W.P.No.10549 of 2021
27.04.2021
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