Kalyan Jewelers India Private ... vs The Inspector Of Police
2022 Latest Caselaw 10091 Mad

                                                                             Crl.O.P.No.4508 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.4508 of 2022

                Kalyan Jewelers India Private Limited,
                North Usman Road,
                T.Nagar, Chennai-600 017
                Representated by its Regional Manager
                Mr.L.Sathish Kumar                                          ... Petitioner
                                                         Vs.

                1.The Inspector of Police,
                  S-13, Chromepet Police Station,
                  GST Road, Chromepet, Chennai.
                  (CSR.No.453 of 2021)

                2.The Inspector of Polcie,
                  R-4, Soundarapandianar Angadi Police Station,
                  No.68, Sir Theagaraya Road,
                  Pondy Bazaar, Chennai,
                  Tamil Nadu 600 017.                                       ... Respondents


                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to set aside the “closure report” dated 08.01.2022 issued by the first respondent
                and consequently direct the 1st respondent herein to register a case on the
                petitioner's complaint dated 19.10.2021 vide CSR bearing No.453 of 2021 and
                proceed with the investigation



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https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.4508 of 2022



                                           For Petitioner    : Mr.G.R.Hari

                                           For Respondents : Mr.A.Gokulakrishnan for R1 and R2
                                                            Additional Public Prosecutor.


                                                            ORDER

This Criminal Original Petition has been filed to set aside the

“closure report” dated 08.01.2022 issued by the first respondent and

consequently direct the 1st respondent herein to register a case on the

petitioner's complaint dated 19.10.2021 vide CSR bearing No.453 of 2021 and

proceed with the investigation.

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

the respondents would submit that based on the complaint given by the

petitioner, enquiry has been conducted and the same is pending on the file of

the second 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.4508 of 2022

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 circumstances and rare cases. However, taking note of the fact

that the complaint is now pending and not been enquired, the Investigation

officer is directed to issue notice to the parties and conduct enquiry as directed

by the Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of

Uttar Pradesh and others [2014 (2) SCC (1)]. If any cognizable offence is

made out, the respondent police is bound to register the FIR otherwise they may

close the complaint. Such exercise shall be completed within a period of two

weeks from today.

5. With the above directions, this Criminal Original Petition is

disposed of.

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

nr/shk

https://www.mhc.tn.gov.in/judis Crl.O.P.No.4508 of 2022

N.SATHISH KUMAR,J.

nr/shk

To

1.The Inspector of Police, S-13, Chromepet Police Station, GST Road, Chromepet, Chennai.

(CSR.No.453 of 2021)

2.The Inspector of Polcie, R-4, Soundarapandianar Angadi Police Station, No.68, Sir Theagaraya Road, Pondy Bazaar, Chennai, Tamil Nadu 600 017.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.4508 of 2022

14.06.2022

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