V.Kalyanasundaram vs State Represented By
2022 Latest Caselaw 9552 Mad

                                                                                 Crl.O.P.No.11697 of 2022




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 07.06.2022

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                              Crl.O.P.No.11697 of 2022


                V.Kalyanasundaram                                                ... Petitioner

                                                        Vs.

                State represented by
                The Inspector of Police,
                Central Crime Branch,
                Anti-Land Grabbing Cell,
                Tambaram Commissionerate,
                No.42/1, Medavakkam Main Road,
                Sholinganallur, Chennai - 600 119.                                ... Respondent



                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct
                the respondent police to register a FIR on the basis of the petitioners' complaint
                dated 02.02.2022 pending on the file of the respondent police.


                                      For Petitioner          : Mr.R.Narayanan
                                      For Respondent          : Mr.A.Gokulakrishnan
                                                                Additional Public Prosecutor



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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.11697 of 2022

                                                       ORDER

This Criminal Original Petition has been filed to direct the respondent

police to register a FIR on the basis of the petitioners' complaint dated

02.02.2022 pending on the file of the respondent police.

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

Additional Public Prosecutor appearing on behalf of the respondent.

3. This petition is not maintainable, in view of the Order passed by a

Hon'ble 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's 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 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 Hon'ble Division Bench in the order

https://www.mhc.tn.gov.in/judis Crl.O.P.No.11697 of 2022

referred supra.

4. This Criminal Original Petition is dismissed accordingly.

07.06.2022

rgi/shk Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

To

1.The Inspector of Police, Central Crime Branch, Anti-Land Grabbing Cell, Tambaram Commissionerate, No.42/1, Medavakkam Main Road, Sholinganallur, Chennai - 600 119.

2.The Public Prosecutor, Madras High Court, Chennai.

N. SATHISH KUMAR,J.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.11697 of 2022

rgi/shk

Crl.O.P.No.11697 of 2022

07.06.2022

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