Mohamed Shahid vs The Superintendent Of Police
2021 Latest Caselaw 20242 Mad

                                                                             CRL.O.P.No.17494 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 01.10.2021

                                                      CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                             CRL.O.P.No.17494 of 2021

                     Mohamed Shahid
                     S/o.Mohamed Ishak                                         ...Petitioner

                                                      Versus

                     1.The Superintendent of Police
                       District Police Office,
                       Cuddalore.

                     2.The Sub Inspector of Police
                       Anti Land Grabbing Special Wing
                       Cuddalore,
                       Cuddalore District.                                     ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to register the
                     case on the complaint of the petitioner dated 31.08.2021, investigate the
                     same and to file final report in accordance with law.




                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                               CRL.O.P.No.17494 of 2021


                                      For Petitioner    :     Mr.G.Pugazhenthi

                                      For Respondents :       Mr.R.Vinothraja
                                                              Gov. Advocate (Crl.Side)

                                                        ORDER

(This case has been heard through video conference)

This petition has been filed to direct the 2nd respondent Police to

register a case based on the petitioner's complaint dated 31.08.2021

pending on the file of the 2nd respondent Police.

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

Government Advocate (Criminal side) 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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17494 of 2021

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.

4.This Criminal Original Petition is disposed of accordingly.

01.10.2021 Index: Yes/No Internet: Yes/No rpp/nr

To

1.The Superintendent of Police District Police Office, Cuddalore.

2.The Sub Inspector of Police Anti Land Grabbing Special Wing, Cuddalore, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.17494 of 2021

M.NIRMAL KUMAR, J.

rpp/nr

CRL.O.P.No.17494 of 2021

01.10.2021

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