Madras High Court
R.Periyasamy vs The Commissioner Of Police on 14 June, 2022
Crl.OP.No.2235 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.2235 of 2022
and
Crl.M.P.No.2061 of 2022
R.Periyasamy ... Petitioner
Vs.
1.The Commissioner of Police,
Greater Chennai Corporation,
Office of the Commissioner of Police,
Veppery, Chennai 600 007.
2.The Deputy Commissioner of Police,
Office of the Deputy Commissioner of Police,
Mylapore,
Chennai.
3.The Inspector of Police,
Abiramapuram Police Station,
Raja Annamalaipuram,
Chennai 600 028. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to
direct the respondents herein to register the case on the petitioner's complaint
dated 29.07.2021 and to investigate the same in accordance with law.
1/4
https://www.mhc.tn.gov.in/judis
Crl.OP.No.2235 of 2022
For Petitioner : Mr.M.Guruprasad
For Respondents : Mr.A.Gokulakrishnan,
Additional Public Prosecutor.
ORDER
This Criminal Original Petition has been filed seeking for a direction to the
respondents herein to register the case on the petitioner's complaint dated
29.07.2021 and to investigate the same in accordance with law.
2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted
that the enquiry has been conducted in C.No.713/COP/VISITORS/2021 and the
same has been closed on 10.08.2021.
3. Heard the learned counsel for the petitioner and the learned Additional
Public Prosecutor for the respondent.
4. In such view of the matter, liberty is given to the petitioner to workout his
remedy as per law. The Division Bench of this Court in G.Prabhakaran v. The
Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489 and the
https://www.mhc.tn.gov.in/judis
Crl.OP.No.2235 of 2022
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
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.
Consequently, connected Criminal Miscellaneous Petition is closed.
14.06.2022
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
shk/nr
https://www.mhc.tn.gov.in/judis
Crl.OP.No.2235 of 2022
N.SATHISH KUMAR,J.
shk/nr
To
1.The Commissioner of Police,
Greater Chennai Corporation,
Office of the Commissioner of Police,
Veppery, Chennai 600 007.
2.The Deputy Commissioner of Police,
Office of the Deputy Commissioner of Police,
Mylapore,
Chennai.
Crl.O.P.No.2235 of 2022
and
Crl.M.P.No.2061 of 2022
3.The Inspector of Police,
Abiramapuram Police Station,
Raja Annamalaipuram,
Chennai 600 028.
4.The Public Prosecutor,
High Court of Madras, Chennai.
14.06.2022
https://www.mhc.tn.gov.in/judis
