A.Jegan vs The State Rep. By
2021 Latest Caselaw 10922 Mad

                                                                                 CRL.O.P.No.8018 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 28.04.2021

                                                        CORAM:

                                      THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                CRL.O.P.No.8018 of 2021

                     A.Jegan                                                      ... Petitioner
                                                        Versus
                     The State Rep. by,
                     Deputy Superintendent of Police,
                     Land Grabbing Cell,
                     Tiruvallur District.                                         ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondent namely Deputy
                     Superintendent of Police, Land Grabbing Cell (Special Branch),
                     Tiruvallur to register the complaint dated 16.06.2020 given by the
                     petitioner.

                                       For Petitioner   :       Mr.K.V.Sridharan
                                       For Respondent   :       Mr.M.Mohammed Riyaz,
                                                                Additional Public Prosecutor

                                                             *****
                                                            ORDER

This petition has been filed to direct the respondent Police to

register a case based on the petitioner complaint dated 16.06.2020

pending on the file of the respondent Police.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.8018 of 2021

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor 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 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.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.8018 of 2021

4.This Criminal Original Petition is disposed of accordingly.

28.04.2021 Index: Yes/No Internet: Yes/No

vv2

To

1.The Deputy Superintendent of Police, Land Grabbing Cell, Tiruvallur District.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.8018 of 2021

M.NIRMAL KUMAR, J.

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CRL.O.P.No.8018 of 2021

28.04.2021

https://www.mhc.tn.gov.in/judis/