Riyaskhan vs 2 The Inspector Of Police
2021 Latest Caselaw 95 Mad

                                                                                   Crl.O.P.No.20048 of 2020

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 04.01.2021

                                                               CORAM

                                   THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P. No.20048 of 2020

                     RIYASKHAN                                                     .. Petitioner
                                                              .vs.

                     1         THE SUPERINTENDENT OF POLICE
                               PERAMBALUR DISTRICT
                               PERAMBALUR.

                     2         THE INSPECTOR OF POLICE
                               (ANTI LAND GRABBING WING)
                               PERAMBALUR
                               PERAMBALUR DISTRICT.                                .. Respondent


                               This Criminal Original Petition is filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents to register
                     FIR based on the complaint of the petitioner dated 08/10/2020 on
                     the file of the 2nd respondent.


                                      For Petitioner                 : Mr.M.Velmurugan

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


                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                        Crl.O.P.No.20048 of 2020



                                                      ORDER

This petition has been filed to direct the respondents to

register FIR based on the complaint of the petitioner dated

08/10/2020 on the file of the 2nd respondent.

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

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20048 of 2020

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.

4. This Criminal Original Petition is disposed of accordingly.

04.01.2021 mra Speaking/Non-speaking order Index : Yes/No Internet : Yes/No To 1 THE SUPERINTENDENT OF POLICE PERAMBALUR DISTRICT PERAMBALUR.

2 THE INSPECTOR OF POLICE (ANTI LAND GRABBING WING) PERAMBALUR PERAMBALUR DISTRICT.

3. THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS MADRAS.

N. ANAND VENKATESH,. J.

mra

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.20048 of 2020

Crl.O.P. No.20048 of 2020

04.01.2021

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