Madras High Court
D.Ellappan vs The Superintendent Of Police on 15 June, 2022
Crl.O.P.No.7609 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.7609 of 2022
D.Ellappan ... Petitioner
Vs.
1.The Superintendent of Police,
Thiruppathur District,
District Police Officer,
Pudupet Road,
Thiruppathur - 632 601.
2.State of Tamil Nadu,
Rep by Sub - Inspector of Police,
Crime Branch,
Thiruppathur District,
District Police Officer,
Pudupet Road,
Thiruppathur - 632 601.
3.P.Balathandayutham
4.P.Suresh
5.M.Paramasivam ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the second respondent to register the complaint dated 28.02.2022 vide
C.S.R.No.2304/2022 and file FIR.
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.7609 of 2022
For Petitioner : Mr.B.Ram Prasath
For Respondents : Mr.N.Muthuvel
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed to direct the second
respondent to register the complaint dated 28.02.2022 vide
C.S.R.No.2304/2022 and file FIR.
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
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
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.7609 of 2022
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.7609 of 2022
N.SATHISH KUMAR,J.
ham/mtl
To
1.The Superintendent of Police,
Thiruppathur District,
District Police Officer,
Pudupet Road,
Thiruppathur - 632 601.
2.State of Tamil Nadu,
Rep by Sub - Inspector of Police,
Crime Branch,
Thiruppathur District,
District Police Officer,
Pudupet Road,
Thiruppathur - 632 601.
Crl.O.P.No.7609 of 2022
15.06.2022
https://www.mhc.tn.gov.in/judis
