S.Kamaraj vs The State
2021 Latest Caselaw 17996 Mad

                                                                            CRL.O.P.No.15145 of 2021


                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 02.09.2021

                                                         CORAM:

                                 THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                CRL.O.P.No.15145 of 2021


                      S.Kamaraj.                                                 ... Petitioner

                                                        Versus

                      The State:
                      Rep. by its Inspector of Police,
                      Land Grabbing Cell,
                      O/o the Superintendent of Police,
                      Police Head Quarter
                      Perambalur & Tk & Dist.                                  ... Respondent


                      PRAYER: This Criminal Original Petition filed under Section 482 of the

                      Code of Criminal Procedure, to direct the respondent to register the FIR

                      on the complaint in person dated 08.06.2021 and also sent by registered

                      post on 12.07.2021.

                                       For Petitioner   : Mr. P.Vijendran

                                       For Respondent    : Mr.A.Damodaran,
                                                           Government Advocate (Crl.side)

                      Page No.1 of 4


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                                                                              CRL.O.P.No.15145 of 2021




                                                        ORDER

(This case has been heard through video conference)

The petitioner had filed this petition to direct the respondent to

register the FIR on his complaint dated 08.06.2021 pending on the file of

the respondent Police.

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

Government Advocate (crl.side) appearing 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 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

http://www.judis.nic.in CRL.O.P.No.15145 of 2021

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.

02.09.2021

Index: Yes/No Internet: Yes/No mrp/mpl

To

The Inspector of Police, Land Grabbing Cell, O/o the Superintendent of Police, Police Head Quarter Perambalur & Tk & Dist.

http://www.judis.nic.in CRL.O.P.No.15145 of 2021

M.NIRMAL KUMAR, J.

mrp/mpl

CRL.O.P.No.15145 of 2021

02.09.2021

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