Madras High Court
A.Manobalan vs State Represented By on 25 January, 2023
Crl.OP.No.1530 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.1530 of 2023
A.Manobalan ... Petitioner
Vs.
1. State represented by,
The Commissioner of Police,
Coimbatore City,
Coimbatore.
2. The Inspector of Police,
Kuniamuthur Police Station,
Coimbatore City. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to issue suitable directions to the respondent police to register the complaint
dated 28.12.2022 submitted by the petitioner along with the CSR No.668 of
2022.
For Petitioner : Mr.D.Bharathy
For Respondents : Mr.S.Santhosh
Government Advocate(Crl.side)
1/6
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Crl.OP.No.1530 of 2023
ORDER
This Criminal Original Petition has been filed to respondent police to
register the complaint dated 28.12.2022 submitted by the petitioner along with
the CSR No.668 of 2022.
2. The learned counsel for the petitioner submitted that the petitioner
purchased land from one Bhuvaneshwari for valid consideration on 01.12.2021.
After purchase, petitioner had constructed a building in the property. Now,
Coimbatore Corporation had affixed notice stating that the property purchased
by the petitioner belongs to Coimbatore Corporation. After verification,
petitioner came to know that the property belongs to Coimbatore Corporation.
Therefore, petitioner lodged a complaint before the 2nd respondent on
28.12.2022, however, till now no action was taken, necessitating the filing of
this petition.
3. The learned Government Advocate (Crl.Side) appearing for the
respondent submitted that, on receipt of complaint dated 28.12.2022 from the
petitioner, the second respondent police have conducted enquiry in
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Crl.OP.No.1530 of 2023
CSR.No.668 of 2022 and it is now decided to transfer the case to Anti land
Grabbing Division, Coimbatore.
4. Heard the learned counsel for the petitioner and the learned
Government Advocate (crl.side) for the respondent.
5. The Division Bench of this Court in G.Prabhakaran v. The
Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489 and 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. High Court can intervene only in
extraordinary circumstances and rare cases. However, taking note of the fact
that the complaint is now being enquired, the Investigation officer of Anti Land
Grabbing Division is directed to issue notice to the parties and conduct enquiry
as directed by the Hon'ble Apex Court in the case of Lalita Kumari Vs.
Government of Uttar Pradesh and others [2014 (2) SCC (1)]. If any
cognizable offence is made out, the respondent police is bound to register the
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Crl.OP.No.1530 of 2023
FIR otherwise they may close the complaint. Such exercise shall be completed
within a period of two weeks from the date of receipt of a copy of this order.
6. With the above directions, this Criminal Original Petition is disposed
of.
25.01.2023
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
Sma
To
1. State represented by,
The Commissioner of Police,
Coimbatore City,
Coimbatore.
2. The Inspector of Police,
Kuniamuthur Police Station,
Coimbatore City.
3. Anti Land Grabbing Division,
Coimbatore.
4.The Public Prosecutor,
High Court of Madras, Chennai.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.1530 of 2023
https://www.mhc.tn.gov.in/judis
Crl.OP.No.1530 of 2023
G.CHANDRASEKHARAN,J.
Sma
Crl.O.P.No.1530 of 2023
25.01.2023
https://www.mhc.tn.gov.in/judis
