L.Karthick vs The Commissioner Of Police
2022 Latest Caselaw 10019 Mad

                                                                             Crl.O.P.No.5662 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.5662 of 2022


                L.Karthick                                                   ... Petitioner

                                                       Vs.

                1.The Commissioner of Police,
                  EVK Sampath salai,
                  Vepery, Chennai-600 007.

                2.The Inspector of Police,
                  Economic Offence Wing,
                  SIDCO Building, 1st Floor,
                  Guindy, Chennai-600 032.                                   ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the 2nd respondent police to register FIR on the basis of the complaint
                given by the petitioner dated 08.12.2021 and investigate the matter in
                accordance with law.

                                     For Petitioner    : Mr.S.Chandrasekar

                                     For Respondents : Mr.A.Gokulakrishnan for R1 and R2
                                                      Additional Public Prosecutor.




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                                                                                   Crl.O.P.No.5662 of 2022

                                                         ORDER

This Criminal Original Petition has been filed to direct the 2 nd

respondent police to register FIR on the basis of the complaint given by the

petitioner dated 08.12.2021 and investigate the matter.

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

Prosecutor on instructions submitted that the case has been transferred to Cyber

Crime, Chennai on point of jurisdiction.

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

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

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

Crl.O.P.No.5662 of 2022

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

nr/shk

To

1.The Commissioner of Police, EVK Sampath salai, Vepery, Chennai-600 007.

2.The Inspector of Police, Economic Offence Wing, SIDCO Building, 1st Floor, Guindy, Chennai-600 032.

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

Crl.O.P.No.5662 of 2022

N.SATHISH KUMAR,J.

nr/shk

3.The Inspector of Police, Cyber Crime, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.5662 of 2022

14.06.2022

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