A.Velayutham vs The State Rep. By
2022 Latest Caselaw 10023 Mad

                                                                                   Crl.OP.No.1428 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.1428 of 2022

               A.Velayutham                                                    ... Petitioner
                                                            Vs.

               1. The State Rep. by
                  The Inspector of Police,
                  Thiruvanmiyur Police Station,
                  Chennai – 600 041.

               2. The Assistant Commissioner of Police,
                  Thiruvanmiyur Police Station,
                  Chennai – 600 041.                                ... Respondents
               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               direct the 1st respondent herein to register an FIR on the complaint given by the

               petitioner herein on 03.09.2020 and investigate the same.

                                   For Petitioner             : Mr.R.Agilesh

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

                                                          ORDER

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.1428 of 2022

the 1st respondent herein to register an FIR on the complaint given by the petitioner

herein on 03.09.2020 and investigate the same.

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

that the enquiry has been conducted in C.S.R.No.774/2020 dated 22.12.2020 and

the same has been closed on 24.12.2020.

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. It is for the petitioner to pursue his right as per

Code.

https://www.mhc.tn.gov.in/judis Crl.OP.No.1428 of 2022

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

14.06.2022

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

rap

To

1. The Inspector of Police, Thiruvanmiyur Police Station, Chennai – 600 041.

2. The Assistant Commissioner of Police, Thiruvanmiyur Police Station, Chennai – 600 041.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.1428 of 2022

N.SATHISH KUMAR,J.

rap

Crl.O.P.No.1428 of 2022

14.06.2022

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