Sudanathamma vs The Superintendent Of Police
2021 Latest Caselaw 20129 Mad

                                                                               CRL.O.P.No.13099 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 30.09.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.13099 of 2021

                     Sudanathamma                                                ....Petitioner

                                                       Versus

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

                     2.The Inspector of Police,
                       Anti-Land Grabbing Special Cell,
                       Krishnagiri District,
                       Krishnagiri.                                              ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct the 2nd respondent to register the
                     petitioner's complaint dated 19.03.2021 and file a FIR.

                                      For Petitioner   :     Mr.R.Jayaprakash

                                      For Respondents :      Mr.A.Damodaran
                                                             Addl.Public Prosecutor(Crl.side)


                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 CRL.O.P.No.13099 of 2021




                                                         ORDER

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

the petitioner's complaint dated 19.03.2021 and file a FIR.

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

Additional Public Prosecutor (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

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

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.13099 of 2021

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.

30.09.2021 Index: Yes/No Internet: Yes/No nr/sms

To

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

2.The Inspector of Police, Anti-Land Grabbing Special Cell, Krishnagiri District, Krishnagiri.

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.13099 of 2021

M.NIRMAL KUMAR, J.

nr/sms

CRL.O.P.No.13099 of 2021

30.09.2021

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