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Madras High CourtCRL OP/18997/2021disposed of

Maheswari v. The Commissioner Of Police

2021-10-21Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.18997 of 2021 1.Maheswari 2.Vijayalakshmi ... Petitioners

Versus

1.The Commissioner of Police, Salem.

2.The Inspector of Police, Anti Land Grabbing Special Cell, Salem.

3.The Inspector of Police, Pallapatti Police Station, Salem.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the complaint dated 21.09.2020 in CSR.No.80 of 2021 on the file of the second respondent.

For Petitioners : Mr.R.Ezhilarasan For Respondents : Mr.R.Vinoth Raja Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the second respondent to register the complaint dated 21.09.2020 in CSR.No.80 of 2021 on the file of the second respondent. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) 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 https://hcservices.ecourts.gov.in/hcservices/

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 petitioners to workout their 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-CCC) // True Copy // Sub Assistant Registrar ah To 1.The Commissioner of Police, Salem.

2.The Inspector of Police, Anti Land Grabbing Special Cell, Salem.

3.The Inspector of Police, Pallapatti Police Station, Salem.

4.The Public Prosecutor High Court, Madras.

CRL.O.P.No.18997 of 2021 CP(CO) B.VC (29/10/2021) https://hcservices.ecourts.gov.in/hcservices/