M.Jothiraj vs The Commissioner Of Police
2022 Latest Caselaw 10111 Mad

                                                                            Crl.O.P.No.216 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.216 of 2022

                M.Jothiraj                                                 ... Petitioner
                                                        Vs.

                1.The Commissioner of Police,
                  Coimbatore City,
                  Coimbatore.

                2.The Assistant Commissioner of Police,
                  P.6 Police Station,
                  Coimbatore.

                3.The Inspector of Police,
                  P.6 Police Station,
                  Coimbatore District.                                     ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondents to enquire and register the FIR based on the
                representation of the petitioner dated 12.01.2021 on the file of respondents
                herein in accordance with law.


                                     For Petitioner    : Mr.K.Nagarajan

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


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https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.No.216 of 2022



                                                        ORDER

This Criminal Original Petition has been filed to direct the

respondents to enquire and register the FIR based on the representation of the

petitioner dated 12.01.2021.

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 third 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.216 of 2022

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.216 of 2022

N.SATHISH KUMAR,J.

nr/shk

To

1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Assistant Commissioner of Police, P.6 Police Station, Coimbatore.

3.The Inspector of Police, P.6 Police Station, Coimbatore District.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.216 of 2022

14.06.2022

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