S.J.Ramesh Babu v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6289 of 2022 S.J.Ramesh Babu ... Petitioner Vs.

1.The Superintendent of Police, Office of District Superintendent of Police, Salem.

2.The Deputy Commissioner of Police, Land Grabbing Special Cell, Office of Superintendent of Police, Salem.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to register the petitioner complaint dated 27.12.2021 under SPGP No.2959 dated 27.12.2021 as against the Venkatachallam for the offences under Land Grabbing Provisions.

For Petitioner : Mr.M.Prabhakar For Respondents : Mr.V.Meganathan, Government Adovcate (crl.side)

O R D E R

The Criminal Original Petition has been filed seeking for a direction to the second respondent to register the petitioner complaint dated 27.12.2021 under SPGP No.2959 dated 27.12.2021 as against the Venkatachallam for the offences under Land Grabbing Provisions.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (criminal side) 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 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 https://hcservices.ecourts.gov.in/hcservices/

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 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.

4. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar shk/sai To 1.The Superintendent of Police, Office of District Superintendent of Police, Salem.

2.The Deputy Commissioner of Police, Land Grabbing Special Cell, Office of Superintendent of Police, Salem.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.6289 of 2022 JPL(CO) CT 04/04/2022 https://hcservices.ecourts.gov.in/hcservices/