S.Poovazagi vs State Rep By
2022 Latest Caselaw 10116 Mad

                                                                                   Crl.OP.No.1157 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.1157 of 2022

               S.Poovazagi                                                     ... Petitioner
                                                            Vs.

               State Rep by
               The Inspector of Police,
               Pudupattinam Police Station,
               Mayiladuturai District.
               Crime No.487 of 2021                                           ... Respondent


               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               direct the respondent police to register the FIR based on the petitioner's complaint

               dated 16.12.2021 and Vide CSR No.487 of 2021 and investigate the same.

                                   For Petitioner            : Mr.K.Govi Ganesan

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




               1/4


https://www.mhc.tn.gov.in/judis
                                                                                   Crl.OP.No.1157 of 2022


                                                        ORDER

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

respondent police to register the FIR based on the petitioner's complaint dated

16.12.2021 and Vide CSR No.487 of 2021 and investigate the same.

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

that the enquiry has been conducted in C.S.R.No.487/2021 and the same has been

closed on 18.12.2021.

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

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.1157 of 2022

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

circumstanes 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 Inspector of Police, Pudupattinam Police Station, Mayiladuturai District.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.1157 of 2022

N.SATHISH KUMAR,J.

shk/nr

Crl.O.P.No.1157 of 2022

14.06.2022

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