Madras High Court
Pandiarajan vs State By on 4 July, 2022
Crl.O.P.No.15210 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.15210 of 2022
Pandiarajan ... Petitioner
Vs.
State by:
The Inspector of Police,
C-3, Manimangalam Police Station
Kancheepuram & District. ..Respondent
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C praying
to direct the respondent to register an FIR on the basis of the petitioner's
complaint dated 17.09.2021, investigate the same and proceed with the same as
per law in compliance with the direction dated 16.02.2022 issued by the learned
Judicial Magistrate II, Tambaram in C.M.P.No.400 of 2022.
For Petitioner : Mr.S.Sathia Chandran
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15210 of 2022
ORDER
This Criminal Original Petition has been to direct the respondent to
register an FIR on the basis of the petitioner's complaint dated 17.09.2021,
investigate the same as per the direction of the learned Judicial Magistrate II,
Tambaram in C.M.P.No.400 of 2022 dated 16.02.2022.
2. It is the grievance of the petitioner that despite the order of the learned
Judicial Magistrate II, Tambaram in C.M.P.No.400 of 2022 dated 16.02.2022
passed under Section 156(3) of Cr.P.C to conduct investigation and file a report
as early as possible, the respondent police has not complied with till date.
3. Learned Additional Public Prosecutor appearing for the respondent
would submit that the respondent police will comply with the order within a
period of three weeks.
4. Heard the learned counsel for the petitioner and Mr.A.Gokulakrishnan,
learned Additional Public Prosecutor for the respondent.
5. The Division Bench of this Court in G.Prabhakaran v. The
Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489 and the
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15210 of 2022
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's Case, has categorically held that the High Court cannot issue
any direction for registration of FIR. High Court can intervene only in
extraordinary circumstances and rare cases. However, taking note of the fact
that the complaint is now pending and not been enquired, the Investigation
Offier is directed to issue notice to the parties and conduct enquiry as directed by
the Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar
Pradesh and others [2014 (2) SCC (1)]. If any cognizable offence is made out,
the respondent police is bound to register the FIR otherwise they may close the
complaint. Such exercise shall be completed within a period of three weeks from
today.
6. With the above direction, this Criminal Original Petition stands
disposed of.
04.07.2022
Speaking Order/Non-speaking Order
Index :Yes/No
Internet:Yes/No
shk/nr
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15210 of 2022
N. SATHISH KUMAR,J.
shk/nr
To
1.The Inspector of Police,
C-3, Manimangalam Police Station
Kancheepuram & District.
2. The Public Prosecutor,
Madras High Court,
Chennai.
Crl.O.P.No.15210 of 2022
04.07.2022
https://www.mhc.tn.gov.in/judis
