Ponnaya vs State Rep. By
2022 Latest Caselaw 10185 Mad

                                                                                    Crl.O.P.No.7746 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.7746 of 2022

                Ponnaya                                                             ... Petitioner
                                                                Vs.

                State rep. by
                The Inspector of Police,
                Sankari Police Station,
                Salem District.                                                     ... Respondent

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondent to register the complaint of the petitioner dated
                26.12.2021 (CSR No.342/21) and to proceed in accordance with law.


                                            For Petitioner    : Mr.T.N.Rangesh Kanna
                                            For Respondent : Mr.N.Muthuvel
                                                             Government Advocate (Criminal Side)

                                                             ORDER

This Criminal Original Petition has been filed to direct the respondent

to register the complaint of the petitioner dated 26.12.2021 (CSR No.342/21)

and to proceed in accordance with law.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7746 of 2022

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 respondent police.

3. Heard the learned counsel for the petitioner and the learned

Government Advocate for the respondent.

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 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7746 of 2022

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.7746 of 2022

N.SATHISH KUMAR,J.

ham/mtl

To

State rep. by The Inspector of Police, Sankari Police Station, Salem District.

Crl.O.P.No.7746 of 2022

15.06.2022

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