Akbar Mohideen vs The Inspector Of Police
2022 Latest Caselaw 10189 Mad

                                                                                    Crl.O.P.No.3697 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.3697 of 2022

                Akbar Mohideen                                                      ... Petitioner
                                                                Vs.


                The Inspector of Police,
                M1 Police Station,
                Madhavaram,
                Chennai - 600 110.                                                  ... Respondent

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondent to register FIR (First Information Report) base on the
                petitioner's complaint dated 16.01.2021 followed by another complaint dated
                15.04.2021 in CSR No.413 of 2021 dated 09.07.2021.


                                            For Petitioner    : Mr.T.A.Srinivasan
                                            For Respondent     : Mr.N.Muthuvel
                                                                Government Advocate (Criminal Side)

                                                             ORDER

This Criminal Original Petition has been filed to direct the respondent

to register FIR (First Information Report) base on the petitioner's complaint

dated 16.01.2021 followed by another complaint dated 15.04.2021 in CSR

https://www.mhc.tn.gov.in/judis Crl.O.P.No.3697 of 2022

No.413 of 2021 dated 09.07.2021.

2. Mr.N.Muthuvel, learned Government Advocate for the respondent

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.3697 of 2022

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.3697 of 2022

N.SATHISH KUMAR,J.

ham/mtl

To

The Inspector of Police, M1 Police Station, Madhavaram, Chennai - 600 110.

Crl.O.P.No.3697 of 2022

15.06.2022

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