G.Rajalakshmi vs The Commissioner Of Police
2022 Latest Caselaw 10063 Mad

                                                                       Crl.OP.No.6347 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.6347 of 2022

               1.G.Rajalakshmi
               2.G.Karthick                                            ... Petitioners
                                                     Vs.

               1.The Commissioner of Police,
                 Greater Chennai,
                 Vepery, Chennai 600 007.

               2.State represented by
                 The Inspector of Police,
                 K-11, Koyembedu Police Station,
                 Chennai 600 107.

               3.Sucharitha Madanagopal

               4.L.Kaviyarasan

               5.H.Ramakrishnan

               6.The Inspector of Police,
                 Central Crime Branch,
                 O/o.The Commissioner of Police,
                 Vepery, Egmore,
                 Chennai 600 007.
               (R6 impleaded as per order in Crl.M.P.No.4278/2022
               in Crl.O.P.No.6347/2022 dated 05.04.2022)               ... Respondents


               1/4


https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.6347 of 2022




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

               direct the respondents 1 & 2 herein, to register the complaint dated 07.05.2021,

               19.10.2021 and further complaint dated 26.10.2021 given by the petitioners to the

               first respondent Commissioner of Police, Greater Chennai, Vepery, Chennai 7.

                                  For Petitioners           : Mr.A.M.Packianathan Easter

                                  For Respondents           : Mr.A.Gokulakrishnan for R1, R2 & R6,
                                                             Additional Public Prosecutor.

                                                       ORDER

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

respondents 1 & 2 herein, to register the complaint dated 07.05.2021, 19.10.2021

and further complaint dated 26.10.2021 given by the petitioners to the first

respondent Commissioner of Police, Greater Chennai, Vepery, Chennai 7.

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

that the enquiry has been conducted and the same has been closed by the sixth

respondent police.

https://www.mhc.tn.gov.in/judis Crl.OP.No.6347 of 2022

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

Public Prosecutor for the respondents 1, 2 & 6.

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 intrevene only in extraordinary

circumstances and rare cases. It is for the petitioner to pursue his right as per

Code.

5. With the above direction, this Criminal Original Petition is closed.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.6347 of 2022

N.SATHISH KUMAR,J.

shk/nr To

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2.The Inspector of Police, K-11, Koyembedu Police Station, Chennai 600 107.

3.The Inspector of Police, Central Crime Branch, O/o.The Commissioner of Police, Vepery, Egmore, Chennai 600 007. Crl.O.P.No.6347 of 2022

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

14.06.2022

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