D.Jayanthi vs The Superintendent Of Police
2021 Latest Caselaw 21050 Mad

                                                      CRL.O.P.No.19047 of 2021


         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                         DATED : 21.10.2021

                                  CORAM:

           THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                      CRL.O.P.No.19047 of 2021

D.Jayanthi                                              ... Petitioner

                                  Versus
1.The Superintendent of Police,
  Kancheepuram District,
  Kancheepuram.

2.The Deputy Superintendent of Police,
  Anti Land Grabbing Cell,
  District Crime Branch,
  Kancheepuram.

3.The Inspector of Police,
  Anti Land Grabbing Cell,
  District Crime Branch Police,
  Kancheepuram.                                         ... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the third respondent police to
register FIR on the basis of the complaint given by the petitioner to the
first respondent on 16.07.2019 and investigate the matter in accordance
with law.


Page No.1 of 5
                                                          CRL.O.P.No.19047 of 2021


                 For Petitioner    : Mr.K.Duraimurugan

                 For Respondents : Mr.R.Vinoth Raja
                                  Government Advocate (Crl.Side)
                                  *****

                                  ORDER

This petition has been filed to direct the third respondent

police to register FIR on the basis of the complaint given by the

petitioner to the first respondent on 16.07.2019 and investigate the matter

in accordance with law.

2.Heard the learned counsel for the petitioner and the

learned Government Advocate (Crl.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

CRL.O.P.No.19047 of 2021

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.

4.This Criminal Original Petition is disposed of accordingly.

                                                                   21.10.2021

Index            : Yes/No
Internet         : Yes/No
ah





                                         CRL.O.P.No.19047 of 2021


To

1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2.The Deputy Superintendent of Police, Anti Land Grabbing Cell, District Crime Branch, Kancheepuram.

3.The Inspector of Police, Anti Land Grabbing Cell, District Crime Branch Police, Kancheepuram.

4.The Public Prosecutor High Court, Madras.

CRL.O.P.No.19047 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.19047 of 2021

21.10.2021