E.Arasu vs The Inspector Of Police
2021 Latest Caselaw 459 Mad

                                                                    Crl.op.17739 of 2020 dt.6.1.2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 06.01.2021

                                                        CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                               Crl.O.P. No.17739 of 2020
                     E.Arasu                                                         .. Petitioner
                                                        .vs.
                          1. The Inspector of Police,
                             Thandrampet Police Station,
                             Thandrampet,
                             Thiruvannamalai District.
                          2. The Inspector,
                             Anti Land Grabbing Special Cell,
                             Thiruvannamalai.
                             (R2 impleaded as per order in
                             Crl.MP.7672 /2020 in Crl.OP.
                             17739 of 2020, dt.4.12.2020)                         ..Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondents to conduct enquiry and
                     take action on petitioner complaint dated 01.11.2019 in CSR.No.381 of
                     2019.

                                      For Petitioner  : Mr.N. Balaji
                                      For Respondents : Mr.M.Mohamed Riyaz,
                                                        Addl. Public Prosecutor

                                                        ORDER

This petition has been filed to direct the respondents to conduct enquiry and take action on petitioner's complaint dated 01.11.2019 in CSR.No.381 of 2019.

https://www.mhc.tn.gov.in/judis/ Crl.op.17739 of 2020 dt.6.1.2021

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

This Criminal Original Petition is disposed of accordingly.

                                                                                        06.01.2021
                     Index       : Yes/No
                     Internet    : Yes/No
                     msr
                       To
                           1.The Inspector of Police,
                           Thandrampet Police Station,
                           Thandrampet,
                           Thiruvannamalai District.
                           2. The Inspector,
                           Anti Land Grabbing Special Cell,
                           Thiruvannamalai.
                           3. The Public Prosecutor,
                           High Court of Madras,                     Crl.O.P. No.17739 of 2020

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