Usharani vs The Superintendent Of Police
2022 Latest Caselaw 6099 Mad

                                                           1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 24.03.2022

                                                       CORAM

                             THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                Crl.O.P.No.25711 of 2021

                Usharani,
                W/o.Baskaran                                               ... Petitioner

                                                          Vs

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

                2.The Inspector of Police,
                  District Land Grabbing,
                  Order of the Superintendent of Police,
                  Cuddalore District, Cuddalore.

                3.V.Sudarshanan @ Babu,
                  S/o.Late Venkatesh Chettiyar

                4.V.Sathyanarayanan @ Senthil,
                  S/o.Late Venkatesh Chettiyar                             ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                direct the second respondent to register a case on the petitioner's complaint
                dated 22.11.2021 after carrying out a true and proper investigation.


                                    For Petitioner       : Mr.R.Thanjan
                                    For Respondents      :
                                    For R1 & R2          : Mr.V.Meganathan
                                                           Government Advocate (criminal side)
https://www.mhc.tn.gov.in/judis
                                                         2

                                                     ORDER

This Criminal Original Petition has been filed, to direct the second

respondent to register the petitioner's complaint dated 22.11.2021 after carrying

out a true and proper investigation.

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

Government Advocate (criminal side) for the first and second respondents and

perused the materials available on record.

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

Hon'ble Division Bench of this Court in G.Prabhakaran Vs 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 Vs 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 her remedy as per the directions issued by the Hon'ble Division Bench https://www.mhc.tn.gov.in/judis

in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

24.03.2022 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order

arb/rgm

To

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

2.The Inspector of Police, District Land Grabbing, Order of the Superintendent of Police, Cuddalore District, Cuddalore.

3.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis A.D.JAGADISH CHANDIRA,J.

arb/rgm

Crl.O.P.No.25711 of 2021

24.03.2022

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