M.Sekar v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.18875 of 2020 Mr.Sekar

...Petitioner

.Vs.

1.The District Superintendent of Police District Superintendent Office, Thiruvannamalai - 606 604.

2.The Inspector of Police District Crime Branch Land Grabbing Cell, Thiruvannamalai District, Thiruvannamalai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register the case based on the petitioner's complaint dated 30.09.2020 in accordance with law.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents to register the FIR, based on the petitioner's complaint dated 30.09.2020.

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

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 directions issued by the Division Bench in the order referred supra.

4.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar KP To 1.The District Superintendent of Police District Superintendent Office, Thiruvannamalai - 606 604.

2.The Inspector of Police District Crime Branch Land Grabbing Cell, Thiruvannamalai District, Thiruvannamalai.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18875 of 2020 PVS(CO) CB(02/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers