K.Rajan vs The Superintendent Of Police
2021 Latest Caselaw 5036 Mad

                                                                                   Crl.O.P.No.3801 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 25.02.2021

                                                         CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P.No.3801 of 2021


                K.Rajan                                                    .. Petitioner
                                                            Vs.

                1. The Superintendent of Police,
                   State Bank Road,
                   Coimbatore - 641 018.

                2. The Inspector of Police,
                   Anti Land Granpping Special Cell,
                  State Bank Road,
                  Coimbatore - 641 018.                                    .. Respondents


                Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                Procedure Code, to direct the 2nd respondent to take action against the accused
                person viz., M/s A.Chinnasamy Sayammal to conduct enquiry and investigate the
                same.


                                        For Petitioner    : Mr.G.Murugan

                                        For Respondents : Mr.M.Mohamed Riyaz
                                                         Additional Public Prosecutor


                                                         Page 1 of 4

https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P.No.3801 of 2021

                                                      ORDER

This petition has been filed to direct the 2nd respondent to take action

against the accused person viz., M/s A.Chinnasamy Sayammal to conduct enquiry

and investigate the same.

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.

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.3801 of 2021

This Criminal Original Petition is disposed of accordingly.

25.02.2021

Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr

To

1. The Superintendent of Police, State Bank Road, Coimbatore - 641 018.

2. The Inspector of Police, Anti Land Granpping Special Cell, State Bank Road, Coimbatore - 641 018.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.3801 of 2021

N. ANAND VENKATESH,J

ssr

Crl.O.P.No.3801 of 2021

25.02.2021

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