M.Nagalakshmi vs The Commissioner Of Police
2022 Latest Caselaw 9315 Mad

                                                           1


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 18.05.2022

                                                       CORAM

                        THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.11453 of 2022


                     M.Nagalakshmi                                                    ... Petitioner

                                                          Vs.

                     1.The Commissioner of Police,
                       EVR High Road,
                       Chennai – 600 007.

                     2.State represented by
                       The Inspector of Police,
                       Anti Land Grab Special Cell,
                       Chengalpet,
                       Chengalpet District.                                        ... Respondents

                     Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to
                     direct the 2nd respondent police to register the case against the petitioner's
                     complaint dated 20.04.2021.

                                    For Petitioner             : Mr.K.S.Arumugam

                                    For Respondents            : Mr.E.Raj Thilak
                                                                 Additional Public Prosecutor




https://www.mhc.tn.gov.in/judis
                                                                2


                                                           ORDER

This Criminal Original Petition has been filed to direct the 2nd

respondent police to register the case against the petitioner's complaint

dated 20.04.2021.

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

Additional Public Prosecutor 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

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 https://www.mhc.tn.gov.in/judis directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

18.05.2022

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

ssr

To

1.The Commissioner of Police, EVR High Road, Chennai – 600 007.

2.The Inspector of Police, Anti Land Grab Special Cell, Chengalpet, Chengalpet District.

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

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

N. ANAND VENKATESH, J.

ssr

Crl.O.P.No.11453 of 2022

https://www.mhc.tn.gov.in/judis 18.05.2022