T.Subramani vs The Superintendent Of Police
2022 Latest Caselaw 10082 Mad

                                                                                    Crl.OP.No.5392 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.5392 of 2022

               T.Subramani                                                      ... Petitioner
                                                            Vs.

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

               2. The Inspector of Police,
                  Attaiyampatti Police Station,
                  Attaiyampatti,
                  Salem District.                                              ... Respondents


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

               direct the 2nd respondent Police to register the case on the complaint given by the

               petitioner dated 05.12.2021 and file an FIR.

                                   For Petitioner             : Mr.K.C.Karl Marx

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




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.5392 of 2022

                                                       ORDER

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

the 2nd respondent Police to register the case on the complaint given by the

petitioner dated 05.12.2021 and file an FIR.

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

that the enquiry has been conducted in C.No.GI/E/1853499/2022 dated

13.01.2022 and the same has been closed on 17.04.2022.

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.5392 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

rap

To

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

2. The Inspector of Police, Attaiyampatti Police Station, Attaiyampatti, Salem District.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.5392 of 2022

N.SATHISH KUMAR,J.

rap

Crl.O.P.No.5392 of 2022

14.06.2022

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