K.Muthusamy vs The Superintendent Of Police
2021 Latest Caselaw 2781 Mad

                                                                               Crl. OP No.1848 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 05.02.2021

                                                           CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P No.1848 of 2021

                     K.Muthusamy                                                      ... Petitioner
                                                            vs.

                     1. The Superintendent of Police,
                        Coimbatore District.

                     2. The Inspector of Police,
                        District Crime Branch (Land Grabbing),
                        Coimbatore.                                                 ... Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the Code

                     of Criminal Procedure, to direct the second respondent to register the

                     complaint of the petitioner dated 17.07.2020 in accordance with law.



                                          For Petitioner     : Mr.C.Veera Raghavan
                                          For Respondent     : Mr.M.Mohammed Riyaz
                                                               Additional Public Prosecutor




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl. OP No.1848 of 2021



                                                           ORDER

This petition has been filed to direct the second respondent Police to

register a case based on the petitioner's complaint dated 17.07.2020,

pending on the file of the second respondent Police.

2.Heard the learned counsel appearing 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

https://www.mhc.tn.gov.in/judis/ Crl. OP No.1848 of 2021

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.

                                                                                          05.02.2021

                     Index      : Yes/No
                     Internet   : Yes/No

Speaking Order/Non-Speaking Order jv

To

1. The Superintendent of Police, Coimbatore District.

2. The Inspector of Police, District Crime Branch (Land Grabbing), Coimbatore.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl. OP No.1848 of 2021

N. ANAND VENKATESH, J.

jv

Crl.O.P No.1848 of 2021

05.02.2021

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