Madras High Court
Shivashankar vs The Inspector General Of Police on 15 June, 2022
Crl.O.P.No.8258 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2022
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
Crl.O.P.No.8258 of 2022
Shivashankar ... Petitioner
Vs.
1.The Inspector General of Police,
Economic Offence Wing (EOW),
Guindy, Chennai - 600 032.
Presently having office at
Police Training School Campus,
Ashok Nagar,
Chennai - 600 083.
2.Deputy Superintendent of Police,
Economic Offence Wing (EOW),
Police Training School Campus,
Ashok Nagar,
Chennai - 600 083. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to issue a suitable direction to the 2nd respondent herein viz. Deputy
Superintendent of Police, Economic Offence Wing (EOW), Police Training
School Campus, Ashok Nagar, Chennai - 600 083 to register the petitioner's
complaint dated 20.09.2021 and file a final report in accordance with law.
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8258 of 2022
For Petitioner : Mr.K.Balu
For Respondents : Mr.N.Muthuvel
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed to issue a suitable
direction to the 2nd respondent herein viz. Deputy Superintendent of Police,
Economic Offence Wing (EOW), Police Training School Campus, Ashok
Nagar, Chennai - 600 083 to register the petitioner's complaint dated
20.09.2021 and file a final report.
2. Mr.N.Muthuvel, learned Government Advocate 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
Government Advocate 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8258 of 2022
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 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.
15.06.2022
Internet:Yes/No
Index:Yes/No
Speaking/Non speaking order
ham/mtl
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8258 of 2022
N.SATHISH KUMAR,J.
ham/mtl
To
1.The Inspector General of Police,
Economic Offence Wing (EOW),
Guindy, Chennai - 600 032.
Presently having office at
Police Training School Campus,
Ashok Nagar,
Chennai - 600 083.
2.Deputy Superintendent of Police,
Economic Offence Wing (EOW),
Police Training School Campus,
Ashok Nagar,
Chennai - 600 083.
Crl.O.P.No.8258 of 2022
15.06.2022
https://www.mhc.tn.gov.in/judis
