Abdul Majith vs The State Rep. By Inspector Of ...
2022 Latest Caselaw 10061 Mad

                                                                                   Crl.OP.No.2768 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.2768 of 2022


               Abdul Majith                                                      ... Petitioner
                                                            Vs.


               The State rep. by Inspector Of Police,
               J-5 Sasthirinagar Police Station,
               Adayar, Chennai .                                                  ... 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 the complaint dated

               22-11-2021 pending on the file of the Inspector of police, J-5, Police Station,

               Shasthri nagar, Adayar, Chennai.


                                   For Petitioner            : Mr.S.Nagarajan

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



               1/4


https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.2768 of 2022


                                                       ORDER

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

respondent to register the complaint dated 22-11-2021 pending on the file of the

Inspector of police, J-5, Police Station, Shasthri nagar, Adayar, Chennai.

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

Sakiri Vasu's Case, has categorically held that the High Court cannot issue any

https://www.mhc.tn.gov.in/judis Crl.OP.No.2768 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.2768 of 2022

N.SATHISH KUMAR,J.

shk/nr/sha To

1. The Inspector Of Police, J-5 Sasthirinagar Police Station, Adayar, Chennai .

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

Crl.O.P.No.2768 of 2022

14.06.2022

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