V.Palanirajan vs The Inspector Of Police
2022 Latest Caselaw 10027 Mad

                                                                                   Crl.OP.No.7948 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.7948 of 2022

               V.Palanirajan                                                   ... Petitioner
                                                            Vs.

               The Inspector of Police,
               Sankagiri Police Station,
               Salem – 637 303.                                               ... 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.

                                   For Petitioner            : Mr.S.Mohammed Madhar Moideen

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

                                                  ORDER

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.

https://www.mhc.tn.gov.in/judis Crl.OP.No.7948 of 2022

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

that the enquiry has been conducted in C.S.R.No.160/2022 dated 16.04.2022 and

the same has been closed on 23.04.2022.

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

Public Prosecutor for the respondent.

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

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.7948 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

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To

1. The Inspector of Police, Sankagiri Police Station, Salem – 637 303.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.7948 of 2022

N.SATHISH KUMAR,J.

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Crl.O.P.No.7948 of 2022

14.06.2022

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