Sathiyakumar vs The Superintendent Of Police
2022 Latest Caselaw 10075 Mad

                                                                                     Crl.OP.No.6725 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.6725 of 2022

               Sathiyakumar                                                      ... Petitioner
                                                            Vs.

               1. The Superintendent of Police,
                  Dharmapuri District,
                  Dharmapuri.

               2. The Inspector of Police,
                  Harur Police Station,
                  Dharmapuri District.                                        ... Respondents

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

               direct the 2nd respondent to register the FIR based on the complaint of the

               petitioner dated 25.08.2021 and to file a final report within a stipulated time.

                                   For Petitioner            : Mr.C.Prabakaran

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




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.6725 of 2022

                                                       ORDER

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

the 2nd respondent to register the FIR based on the complaint of the petitioner

dated 25.08.2021 and to file a final report within a stipulated time.

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

that the enquiry has been conducted 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 respondent.

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.6725 of 2022

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.

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, Dharmapuri District, Dharmapuri.

2. The Inspector of Police, Harur Police Station, Dharmapuri District.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.6725 of 2022

N.SATHISH KUMAR,J.

rap

Crl.O.P.No.6725 of 2022

14.06.2022

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