Madras High Court
S.Swaminathan vs The Commissioner Of Police on 14 June, 2022
Crl.OP.No.7796 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.7796 of 2022
S.Swaminathan ... Petitioner
Vs.
1. The Commissioner of Police,
Commissioner office,
Vepery, Chennai – 600007.
2. The Inspector of Police,
Virugambakkam Police Station,
Chennai – 600093. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
pass an order of direction, to direct the 2nd Respondent Police to Register the
F.I.R. in the petitioner's complaint dated 05.03.2022.
For Petitioner : Mr.P.Vimal Raj
For Respondents : Mr.A.Gokulakrishnan,
Additional Public Prosecutor.
1/4
https://www.mhc.tn.gov.in/judis
Crl.OP.No.7796 of 2022
ORDER
This Criminal Original Petition has been filed to direct the 2nd Respondent
Police to Register the F.I.R. in the petitioner's complaint dated 05.03.2022.
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 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
https://www.mhc.tn.gov.in/judis
Crl.OP.No.7796 of 2022
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
shk/nr/sha
https://www.mhc.tn.gov.in/judis
Crl.OP.No.7796 of 2022
N.SATHISH KUMAR,J.
shk/nr
To
1. The commissioner of Police,
Commissioner office,
Vepery, Chennai – 600007.
2. The Inspector of Police,
Virugambakkam Police Station,
Chennai – 600093.
3. The Public Prosecutor,
High Court of Madras, Chennai.
Crl.O.P.No.7796 of 2022
14.06.2022
https://www.mhc.tn.gov.in/judis
