K.Selvaraj vs The Senior Superintendent Of ...
2022 Latest Caselaw 10018 Mad

                                                                             Crl.O.P.No.391 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.391 of 2022

                K.Selvaraj                                                   ... Petitioner
                                                         Vs.


                1.The Senior Superintendent of Police,
                  Puducherry,

                2.The Superintendent of Police (West),
                  Villianur, Puducherry,

                3.The Inspector of Police,
                  Villianur police Station,
                  Villianur, Puducherry.                                     ... Respondents


                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                praying, to direct respondents particularly the Inspector of Police, Villianur
                Police Station, Puducherry to register an F.I.R on the complaint given by the
                petitioner on 22.12.2021 to the respondents.



                                     For Petitioner    : Mr.K.Balakrishnan

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


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https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.391 of 2022



                                                       ORDER

This Criminal Original Petition has been filed to direct the

respondents particularly the Inspector of Police, Villianur Police Station,

Puducherry to register an F.I.R on the complaint given by the petitioner on

22.12.2021.

2. Mr.V.Balamurugane, learned Additional Public Prosecutor

(Pondicherry) for the respondents would submit that based on the complaint

given by the petitioner, enquiry has been conducted and the same has been

closed as civil in nature.

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

Additional Public Prosecutor (Pondicherry) for the respondents.

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 intrevene only

https://www.mhc.tn.gov.in/judis Crl.O.P.No.391 of 2022

in extraordinary circumstanes 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

nr/shk

To

1.The Senior Superintendent of Police, Puducherry,

2.The Superintendent of Police (West), Villianur, Puducherry,

3.The Inspector of Police, Villianur police Station, Villianur, Puducherry.

4. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.391 of 2022

N.SATHISH KUMAR,J.

nr/shk

Crl.O.P.No.391 of 2022

14.06.2022

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