N.Dhanapal vs The Superintendent Of Police
2021 Latest Caselaw 9748 Mad

                                                                      dt.16.04.2021 CRL.O.P.No.6978 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 16.04.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.6978 of 2021

                     N.Dhanapal                                                     ... Petitioner
                                                       Versus

                     1.The Superintendent of Police,
                       Office of the Superintendent of Police,
                       Krishnagiri.

                     2.The Inspector of Police,
                       Land Grabbing Cell,
                       Office of the Superintendent of Police,
                       Krishnagiri.                                                 ... Respondents

                               Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to direct the second respondent to enquire and
                     investigate, register a case based on the complaint dated 09.03.2021 to
                     deal with the same in accordance to law.


                                      For Petitioner  :      Mr.T.N.Murali Moghan
                                      For Respondents :      Mr.M.Mohammed Riyaz,
                                                             Additional Public Prosecutor


                                                        ORDER

https://www.mhc.tn.gov.in/judis/ dt.16.04.2021 CRL.O.P.No.6978 of 2021

This petition has been filed seeking a direction, to direct the

second respondent to enquire, investigate and register a case based on the

complaint dated 09.03.2021 and to deal with the same in accordance with

law.

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 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.

https://www.mhc.tn.gov.in/judis/ dt.16.04.2021 CRL.O.P.No.6978 of 2021

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.

16.04.2021 Index: Yes/No Internet: Yes/No

klt

Note: Issue order copy on 19.04.2021

To

1.The Superintendent of Police, Office of the Superintendent of Police, Krishnagiri.

2.The Inspector of Police, Land Grabbing Cell, Office of the Superintendent of Police, Krishnagiri.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ dt.16.04.2021 CRL.O.P.No.6978 of 2021

M.NIRMAL KUMAR, J.

klt

CRL.O.P.No.6978 of 2021

16.04.2021

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