T.Manickam vs The Superintendent Of Police
2022 Latest Caselaw 10028 Mad

                                                                                   Crl.OP.No.7813 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.7813 of 2022

               T.Manickam                                                      ... Petitioner
                                                            Vs.

               1. The Superintendent of Police,
                  Tiruvannamalai Distrct.

               2. The Inspector of Police,
                  K2 Dusi Police Station,
                  Tiruvannamalai District.                          ... Respondents
               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               direct the respondent police to register the FIR based on the complaint dated

               09.03.2022 and to investigate and proceed in accordance with law.

                                   For Petitioner            : Mr.D.Kamatchi

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

                                                          ORDER

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

respondent police to register the FIR based on the complaint dated 09.03.2022 and

https://www.mhc.tn.gov.in/judis Crl.OP.No.7813 of 2022

to investigate and proceed in accordance with law.

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

that the enquiry has been conducted in C.S.R.No.106/2022 and the same has been

closed by the respondent Police.

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.7813 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 Superintendent of Police, Tiruvannamalai Distrct.

2. The Inspector of Police, K2 Dusi Police Station, Tiruvannamalai District.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.7813 of 2022

N.SATHISH KUMAR,J.

rap

Crl.O.P.No.7813 of 2022

14.06.2022

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