Dismissed

P.Indira Selvam v. the Deputy Inspector General

Madras HC10 Nov 2021CRL OP/20301/2021

Case brief

AI extract

What is this about?

Criminal Original Petition for direction to register an FIR was dismissed. The court held the petition was not maintainable per Section 482 Cr.P.C., following Supreme Court precedent requiring the petitioner to avail statutory remedies under Sections 154(3) and 156(3) Cr.P.C.

What did the court decide?

Petition dismissed; liberty granted to file complaint for registration under Section 154(3) Cr.P.C.

P.Indira Selvam Vs the Deputy Inspector General — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.11.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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CRL.O.P.NO.20301 OF 2021

P.Indira Selvam

... Petitioner

Versus

1. The Deputy Inspector General Salem District.
2. The Superintendent of Police Salem District Nethimedu Salem 636 002.
3. The Assistant Superintendent of Police Land Grabbing (Special Wing) Superintendent Office Nethimedu Salem 636 002.
4. The Inspector of Police Land Grabbing (Special Wing) Superintendent Office Nethimedu Salem 636 002. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction, directing the second respondent Police to register the complaint dated 01.09.2021.
For Petitioner : Mr.Karan
For Respondents : Mr.A.Damodaran Additional Public Prosecutor

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

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ORDER

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This petition has been filed to issue a direction, directing the second respondent Police to register the complaint dated 01.09.2021.

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Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor on behalf of the respondent.

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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 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.

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This Criminal Original Petition is disposed of

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accordingly.

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Sd/-

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Assistant Registrar(CS-VII)

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//True Copy//

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Sub Assistant Registrar

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dna

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The Deputy Inspector General Salem District.

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The Superintendent of Police Salem District Nethimedu Salem 636 002.

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The Assistant Superintendent of Police Land Grabbing (Special Wing) Superintendent Office Nethimedu, Salem 636 002.

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

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The Inspector of Police Land Grabbing (Special Wing) Superintendent Office Nethimedu, Salem 636 002.

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The Public Prosecutor, High Court, Madras.

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CRL.O.P.No.20301 of 2021

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SS(CO) RLP(09/12/2021)

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

P.Indira Selvam v. the Deputy Inspector General

Case brief

What is this about?

What did the court decide?

P.Indira Selvam v. the Deputy Inspector General

Case brief

What is this about?

What did the court decide?

What the court decided

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