V.Palaniraj vs The Inspector Of Police
2022 Latest Caselaw 10015 Mad

                                                                                    Crl.OP.No.7661 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 14.06.2022

                                                           CORAM

                              THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                                    Crl.O.P.No.7661 of 2022

               V.Palaniraj                                                       ... Petitioner
                                                            Vs.

               The Inspector of Police,
               Thirukkanur Police Station,
               XJWM+7pc,
               Thirukkanur,
               Puducherry 605 501                                               ... Respondent


               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               direct the second respondent to register the case based on the complaint given by

               the petitioner dated on 22.01.2022 and file a FIR.


                                   For Petitioner      : Mr.S.Mohammed Madhar Moidheen

                                   For Respondent      : Mr.V.Balamurugane,
                                                         Additional Public Prosecutor (Pondicherry)




               1/4


https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.7661 of 2022

                                                       ORDER

This Criminal Original Petition has been filed seeking for a direction to the

second respondent to register the case based on the complaint given by the

petitioner dated on 22.01.2022 and file a FIR.

2. When the matter is taken up for hearing, learned Additional Public

Prosecutor (Pondicherry) on instructions submitted that the case has been

transferred to Mettupalayam Police Station on point of jurisdiction.

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

Public Prosecutor (Public Prosecutor).

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

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 intervene only in extraordinary

https://www.mhc.tn.gov.in/judis Crl.OP.No.7661 of 2022

circumstances and rare cases. However, taking note of the fact that the complaint

is now transferred and pending and not been enquired, the Investigation officer 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 direction, this Criminal Original Petition stands

disposed of.

14.06.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

shk/nr

https://www.mhc.tn.gov.in/judis Crl.OP.No.7661 of 2022

N.SATHISH KUMAR,J.

shk/nr

To

1.The Inspector of Police, Mettupalayam Police Station, Vazhudavur Road, Puducherry,

2.The Inspector of Police, Thirukkanur Police Station, XJWM+7pc, Thirukkanur, Puducherry 605 501

3.The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P.No.7661 of 2022

14.06.2022

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