Radha vs The Commissioner Of Police
2022 Latest Caselaw 10110 Mad

                                                                                  Crl.OP.No.5264 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.5264 of 2022

               Radha                                                               ... Petitioner
                                                            Vs.

               1.The Commissioner of Police,
                 Commissionerate Office,
                 Vepery, Chennai.

               2.The Deputy Commissioner of Police,
                 DC Office T.Nagar,
                 Chennai.

               3.The Inspector of Police,
                 R2 Kodambakkam Police Station,
                 Chennai                                                 ... Respondents
               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               direct the third respondent police to register the FIR on the basis of the petitioner's

               complaint dated 16.12.2021.

                                   For Petitioner            : Mr.M.J.Nissar Ahmed

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



               1/4


https://www.mhc.tn.gov.in/judis
                                                                                   Crl.OP.No.5264 of 2022

                                                       ORDER

This Criminal Original Petition has been filed seeking for a direction to the

third respondent police to register the FIR on the basis of the petitioner's

complaint dated 16.12.2021.

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

that the enquiry has been conducted and closed by the respondent police.

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

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.5264 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

shk/nr

To

1.The Commissioner of Police, Commissionerate Office, Vepery, Chennai.

2.The Deputy Commissioner of Police, DC Office T.Nagar, Chennai.

3.The Inspector of Police, R2 Kodambakkam Police Station, Chennai

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.5264 of 2022

N.SATHISH KUMAR,J.

shk/nr

Crl.O.P.No.5264 of 2022

14.06.2022

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