Madras High Court
Shaz Anwar vs The Additional Commissioner Of ... on 4 March, 2022
W.P.No.4824 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
W.P.No.4824 of 2022
1.Shaz Anwar
2.M.Vetri Selvi ... Petitioners
Vs.
1.The Additional Commissioner of Police,
Central Crime Branch,
E.V.K.Sampath Road,
Vepery, Chennai 600 007.
2.The Inspector of Police,
Central Crime Branch,
Greater Chennai Police,
Commissioner's Office,
E.V.K.Sampath Road,
Vepery, Chennai 600 007. ... Respondents
PRAYER: Writ Petition filed under Section 226 of Constitution of India, to issue
a Writ of Certiorarified Mandamus, calling for the records of the 2nd Respondent
in E.Office No.1423266 of 2021 dated 01.10.2021 and quash the same and direct
the Respondents herein to register the complaint, by lodging FIR and initiate
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.4824 of 2022
appropriate action in accordance with law against the land grabbers,
Mr.B.Umapathi and Mr.T.Thiran Kumar based on the Petitioners complaint dated
25.08.2021 given to the Respondents herein.
For Petitioner : Mr.G.Vijay Anand Associates
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor.
ORDER
The Writ Petition has been filed calling for the records of the 2nd
Respondent in E.Office No.1423266 of 2021 dated 01.10.2021 and quash the
same and direct the Respondents herein to register the complaint, by lodging FIR
and initiate appropriate action in accordance with law against the land grabbers,
B.Umapathi and T.Thiran Kumar based on the Petitioners' complaint dated
25.08.2021 given to the Respondents herein.
2. Learned counsel for the Petitioner would submit that the Petitioners have
given a complaint against the land grabbers viz., B.Umapathi and T.Thiran Kumar
on 25.08.2021. The Respondents have not registered the case and they issued the
impugned order stating that they are not registering the case.
https://www.mhc.tn.gov.in/judis
W.P.No.4824 of 2022
3.Learned Additional Public Prosecutor would submit that the matter relates
to the civil dispute. The Respondent police conducted a preliminary enquiry and
finding that civil disputes are pending before the parties they have not registered
the case. He would further submit that report of the Respondent police has no
statutory force.
4. 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 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 referred supra.
https://www.mhc.tn.gov.in/judis
W.P.No.4824 of 2022
5. This Writ Petition is disposed of accordingly.
04.03.2022
Index :Yes/No
Internet:Yes/No
shk/sai
To
1.The Additional Commissioner of Police,
Central Crime Branch,
E.V.K.Sampath Road,
https://www.mhc.tn.gov.in/judis
W.P.No.4824 of 2022
Vepery, Chennai 600 007.
2.The Inspector of Police,
Central Crime Branch,
Greater Chennai Police,
Commissioner's Office,
E.V.K.Sampath Road,
Vepery, Chennai 600 007.
3.The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
W.P.No.4824 of 2022
A.D.JAGADISH CHANDIRA.,J
shk
W.P.No.4824 of 2022
04.03.2022
https://www.mhc.tn.gov.in/judis
