J.Manjula vs The State
2022 Latest Caselaw 10077 Mad

                                                                                    Crl.OP.No.4134 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.4134 of 2022

               J.Manjula                                                        ... Petitioner
                                                            Vs.

               The State:
               Rep. by its Inspector of Police,
               Edayur Police Station , Thiruthuraipoondi (TK),
               Thiruvarur District.                                             ... Respondent

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

               direct the respondent to register FIR on the complaint dated 30.06.2021 which was

               given by the petitioner.

                                   For Petitioner            : Mr.P.Vijendran

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

                                                          ORDER

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

the respondent to register FIR on the complaint dated 30.06.2021 which was given

https://www.mhc.tn.gov.in/judis Crl.OP.No.4134 of 2022

by the petitioner.

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

direction for registration of FIR. High Court can intrevene only in extraordinary

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.4134 of 2022

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

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

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To

1. The Inspector of Police, Edayur Police Station , Thiruthuraipoondi (TK), Thiruvarur District.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.4134 of 2022

N.SATHISH KUMAR,J.

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Crl.O.P.No.4134 of 2022

14.06.2022

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