R.Saravanan vs State By: The Inspector Of Police
2022 Latest Caselaw 10036 Mad

                                                                                    Crl.OP.No.1748 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.1748 of 2022

               R.Saravanan                                                      ... Petitioner

                                                              Vs.


               State by: The Inspector of Police,
               Thiruppanandaal Police Station,
               Thiruvidai Marudhur Taluk,
               Thanjavur-612504.                                                ... Respondent



               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., pass

               an order of direction, to direct the respondent to register a case based on

               petitioner's complaint dated 20.11.2021 in accordance with law.



                                   For Petitioner            : Ms.S.Nadhiya

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



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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.1748 of 2022


                                                       ORDER

This Criminal Original Petition has been filed seeking for a direction to the

respondent to register a case based on petitioner's complaint dated 20.11.2021 in

accordance with law.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the

respondents would submit that based on the complaint given by the petitioner,

enquiry has been conducted and the same is pending on the file of 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

https://www.mhc.tn.gov.in/judis Crl.OP.No.1748 of 2022

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 that the complaint

is now 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 directions, this Criminal Original Petition is disposed of.

14.06.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

shk/nr/sha

https://www.mhc.tn.gov.in/judis Crl.OP.No.1748 of 2022

N.SATHISH KUMAR,J.

shk/nr/sha

To

1. The Inspector of Police, Thiruppanandaal Police Station, Thiruvidai Marudhur Taluk, Thranjavur-612504.

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

Crl.O.P.No.1748 of 2022

14.06.2022

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