Mr.Paramasivam vs The State Rep.By
2022 Latest Caselaw 10057 Mad

                                                                                   Crl.OP.No.7804 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.7804 of 2022

               Mr.Paramasivam                                                           ...   Petitioner

                                                            Vs.

               1. The State rep.by
                  The Superintendent of Police,
                  Villupuram District.

               2. The State rep.by
                  The Inspector of Police,
                  Anandapuram Police Station,
                  Villupuram District.                                                 ... Respondents

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

               pass an order of direction, to direct the 2nd respondent to register the case on the

               petitioners complaint dated 06.06.2020.

                                   For Petitioner            : Mr.D.Arun

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




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https://www.mhc.tn.gov.in/judis
                                                                                Crl.OP.No.7804 of 2022


                                                      ORDER

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

to register the case on the petitioners complaint dated 06.06.2020.

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 second

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.7804 of 2022

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.7804 of 2022

N.SATHISH KUMAR,J.

shk/nr

To

1. The Superintendent of Police, Villupuram District.

2. The Inspector of Police, Anandapuram Police Station, Villupuram District.

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

Crl.O.P.No.7804 of 2022

14.06.2022

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