Kembiran vs The Superintendent Of Police
2022 Latest Caselaw 10078 Mad

                                                                                   Crl.OP.No.5846 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.5846 of 2022

               Kembiran                                                        ... Petitioner
                                                            Vs.

               1. The Superintendent of Police,
                  Office of the Superintendent of Police,
                  Erode – 638 001.

               2. Sub Inspector of Police,
                  Bargur Police Station,
                  Bargur, Anthiyur,TK,
                  Erode.                                                      ... Respondents


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

               direct the respondents to register an FIR against the Accused on the basis of the

               complaint made by the petitioner on 31.01.2022 in CSR.No.2/2022.

                                   For Petitioner            : Mr.P.K.Harinath Babu

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




               1/4


https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.5846 of 2022

                                                       ORDER

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

the respondents to register an FIR against the Accused on the basis of the

complaint made by the petitioner on 31.01.2022 in CSR.No.2/2022.

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

that the enquiry has been conducted in C.S.R.No.2/2022 and the same has been

closed on 02.02.2022.

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

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.5846 of 2022

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

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To

1. The Superintendent of Police, Office of the Superintendent of Police, Erode – 638 001.

2. Sub Inspector of Police, Bargur Police Station, Bargur, Anthiyur,TK, Erode.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.5846 of 2022

N.SATHISH KUMAR,J.

rap

Crl.O.P.No.5846 of 2022

14.06.2022

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