Vana Mohan @ S.R.Mohan vs The Superintendent Of Police
2021 Latest Caselaw 22143 Mad

                                                                           Crl.O.P.No.20314 of 2021


                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 10.11.2021

                                                  CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                           Crl.O.P.No.20314 of 2021

                     Vana Mohan @ S.R.Mohan                                 ... Petitioner

                                                    Versus


                     1.The Superintendent of Police
                       Anti-Land Grabbing Cell
                       Office of Superintendent of Police
                       Cuddalore District
                       Cuddalore.

                     2.The Inspector of Police
                       Virudhachalam Police Station
                       Cuddalore District.                               ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the respondents to register the
                     case in respect of the petitioner's complaint dated 03.04.2021.




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.20314 of 2021


                                      For Petitioner    : Ms.Vasavi Sridevi

                                      For Respondents : Mr.A.Damodaran
                                                        Additional Public Prosecutor


                                                        ORDER

This petition has been filed to direct the respondents to

register the case in respect of the petitioner's complaint dated

03.04.2021.

2. Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor on behalf of the respondent.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20314 of 2021

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.

4. This Criminal Original Petition is disposed of

accordingly.

10.11.2021 Index: Yes/No Internet: Yes/No dna

https://www.mhc.tn.gov.in/judis Crl.O.P.No.20314 of 2021

M.NIRMAL KUMAR, J.

dna

To

1.The Superintendent of Police Anti-Land Grabbing Cell Office of Superintendent of Police Cuddalore District Cuddalore.

2.The Inspector of Police Virudhachalam Police Station Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.20314 of 2021

10.11.2021

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