Madras High Court
Panjali vs The Superintendent Of Police on 2 November, 2021
CRL.O.P.No.20089 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.20089 of 2021
Panjali ... Petitioner
Versus
State rep. by
1.The Superintendent of Police,
Office of the Superintendent of Police,
Krishnagiri District,
Krishnagiri.
2.The Inspector of Police,
Royakkottai Police Station,
Krishnagiri District. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the second respondent police to
register the petitioner's complaint dated 04.10.2021 and investigate the
same in accordance with law.
For Petitioner : Mr.A.Balamurugan
For Respondents : Mr.R.Vinothraja
Government Advocate [Crl. Side]
*****
Page No.1 of 4
CRL.O.P.No.20089 of 2021
ORDER
This Criminal Original Petition is filed to direct the second
respondent police to register the petitioner's complaint dated 04.10.2021
and investigate the same in accordance with law.
2.The learned counsel appearing for the petitioner submits that
there is a dispute between the petitioner's family and his relatives with
regard to the inherent of the property. The petitioner had been harvesting
groundnut, at that time his relatives opposed the same and created
problem. Now the respondent police compelling the petitioner to agree
to the terms and to sign a statement made by them as though no such
occurrence is taken place. Hence she filed this petition.
3.Heard the learned counsel for the petitioner and the learned
Government Advocate appearing on behalf of the respondents.
CRL.O.P.No.20089 of 2021
4.This petition is not maintainable, in view of the Order passed by
the 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
her remedy as per the directions issued by the Division Bench in the
order referred supra.
5.This Criminal Original Petition is disposed of accordingly.
02.11.2021
Index : Yes/No
Internet : Yes/No
ah
CRL.O.P.No.20089 of 2021
To
1.The Superintendent of Police,
Office of the Superintendent of Police,
Krishnagiri District,
Krishnagiri.
2.The Inspector of Police,
Royakkottai Police Station,
Krishnagiri District.
3.The Public Prosecutor
High Court, Madras.
CRL.O.P.No.20089 of 2021
M.NIRMAL KUMAR, J.
ah
CRL.O.P.No.20089 of 2021
02.11.2021
