Bojja Venkata Subrahmanyam vs The Director General Of Police
2022 Latest Caselaw 10012 Mad

                                                                          Crl.O.P.No.3208 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 14/6/2022

                                                    CORAM

                            THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                          Crl.O.P.No.3208 of 2022

                Bojja Venkata Subrahmanyam             ...                Petitioner

                                                     Vs


                1. The Director General of Police
                   1 Dr. Radhakrishna Salai
                   Opp to Queen Marys College
                   Mylapore
                   Chennai 600 004.

                2. The Deputy Inspector General of Police
                   7/9 Varadaraja Pannai
                   Vandavasi Road
                   Kanchipura 631 501.

                3. The Inspector of Police
                   District Crime Branch
                   Anti Land Grabbing Special Cell
                   Thiruvallur.                        ...                Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondents to register an FIR in respect of the petitioner's
                complaint dated 29/1/2022 bearing Reference No.EUB22017313 and the
                petitioner's complaint lodged through Registered Post to the respondent herein


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                                                                               Crl.O.P.No.3208 of 2022

                duly investigate the same and prosecute the offenders in accordance with law.
                                           For Petitioner   : Ms.Y.Kavitha

                                          For Respondents : Mr.A.Gokulakrishnan,
                                                            Additional Public Prosecutor.
                                                         -----
                                                       ORDER

This Criminal Original Petition has been filed to direct the

respondents to register FIR in respect of the petitioner's complaint dated

29/1/2022 bearing Reference No.EUB22017313 and the petitioner's complaint

lodged through Registered Post to the respondents and prosecute the offenders

in accordance with law.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for

the respondents would submit that based on the complaint given by the

petitioner, enquiry has been conducted and the same is pending on the file of

the third respondent police.

3. Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor for the respondents.

4. The Division Bench of this Court in G.Prabhakaran v. The

https://www.mhc.tn.gov.in/judis Crl.O.P.No.3208 of 2022

Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489 and 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's Case, has categorically held that the High Court cannot

issue any direction for registration of FIR. High Court can intrevene 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 two

weeks from today.

5. With the above directions, this Criminal Original Petition is

disposed of.

14/6/2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order

https://www.mhc.tn.gov.in/judis Crl.O.P.No.3208 of 2022

mvs.

N.SATHISH KUMAR,J

mvs.

To

1. The Director General of Police 1 Dr. Radhakrishna Salai Opp to Queen Marys College Mylapore Chennai 600 004.

2. The Deputy Inspector General of Police 7/9 Varadaraja Pannai Vandavasi Road Kanchipura 631 501.

3. The Inspector of Police District Crime Branch Anti Land Grabbing Special Cell Thiruvallur.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.3208 of 2022

https://www.mhc.tn.gov.in/judis Crl.O.P.No.3208 of 2022

14/6/2022

https://www.mhc.tn.gov.in/judis