S.P.S.Nathan @ ... vs The State
2022 Latest Caselaw 10016 Mad

                                                                                    Crl.OP.No.800 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.800 of 2022

               S.P.S.Nathan @ Amrutheeswaranathan                                 ... Petitioner
                                                Vs.

               1.The State,
                 Rep. By the Superintendent of Police,
                 Tirunallar District.
                 Puducherry State.

               2.The State
                 Rep. By its Inspector of Police,
                 Tirunallar,
                 Karaikkal District,
                 Puducherry State.                                                ... Respondents

               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to
               direct the respondents to register FIR on the petitioner's complaint dated
               23.03.2021.



                                   For Petitioner            : Mr.R.Kamaraj

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


               1/4


https://www.mhc.tn.gov.in/judis
                                                                                    Crl.OP.No.800 of 2022


                                                        ORDER

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

respondents to register FIR on the petitioner's complaint dated 23.03.2021.

2. Mr.V.Balamurugane, learned Additional Public Prosecutor (Pondicherry)

submitted that the enquiry has been conducted and the same has been closed on

21.03.2021.

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

Public Prosecutor (Pondicherry) for the respondents.

4.In such view of the matter, liberty is given to the petitioner to workout his

remedy as per law. 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

https://www.mhc.tn.gov.in/judis Crl.OP.No.800 of 2022

direction for registration of FIR. High Court can intervene only in extraordinary

circumstances and rare cases. It is for the petitioner to pursue his right as per

Code.

5. With the above direction, this Criminal Original Petition is closed.

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.800 of 2022

N.SATHISH KUMAR,J.

shk/nr To

1.The Superintendent of Police, Tirunallar District.

Puducherry State.

2.The Inspector of Police, Tirunallar, Karaikkal District, Puducherry State.

3. The Public Prosecutor (Pondicherry), High Court of Madras, Chennai.

Crl.O.P.No.800 of 2022

14.06.2022

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