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Madras High CourtCRL OP/1705/2021disposed of

B.Mathangi v. The Superintendent Of Police,

2021-02-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.1705 of 2021 B.Mathangi .. Petitioner Vs.

1. The Superintendent of Police, Anti-lan Grabbing Special Cell, Nagapattinam.

2. The Inspector of Police, Nagapattinam Police Station, Nagapattinam District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, directing the second respondent to register a criminal case based on the complaint of the petitioner dated 27.12.2020.

For Petitioner : Ms.C.P.Priya For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent Police to register a case based on the petitioner's complaint dated 27.12.2020, pending on the file of the respondents Police.

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 https://hcservices.ecourts.gov.in/hcservices/

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 Division Bench in the order referred supra.

4. This Criminal Original Petition is disposed of accordingly.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar rli To

1. The Superintendent of Police, Anti-land Grabbing Special Cell, Nagapattinam.

2. The Inspector of Police, Nagapattinam Police Station, Nagapattinam District.

5. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.1705 of 2021 JPII(CO) SP(17/03/2021) https://hcservices.ecourts.gov.in/hcservices/