K.Sathiyamoorthi vs The Superintendent Of Police
2022 Latest Caselaw 10195 Mad

                                                                            Crl.O.P.No.7219 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.7219 of 2022

                K.Sathiyamoorthi                                            ... Petitioner
                                                        Vs.


                1.The Superintendent of Police,
                  O/o. Superintendent of Police,
                  Dharmapuri.

                2.The Inspector of Police,
                  Gopinathampatti Police Station,
                  Dharmapuri District.                                      ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to pass an order or direction, directing the 2nd respondent police to register a
                First Information Report on the complaint of the petitioner dated 18.01.2022
                and investigate the crime.


                                     For Petitioner    : Mr.M.B.Thirunavukkarasu
                                     For Respondents : Mr.N.Muthuvel
                                                      Government Advocate (Criminal Side)




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.7219 of 2022



                                                        ORDER

This Criminal Original Petition has been filed to pass an order or

direction, directing the 2nd respondent police to register a First Information

Report on the complaint of the petitioner dated 18.01.2022 and investigate the

crime.

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 relying

upon Sakiri Vasu's Case, has categorically held that the High Court cannot

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7219 of 2022

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.7219 of 2022

N.SATHISH KUMAR,J.

ham/mtl

To

1.The Superintendent of Police, O/o. Superintendent of Police, Dharmapuri.

2.The Inspector of Police, Gopinathampatti Police Station, Dharmapuri District.

Crl.O.P.No.7219 of 2022

15.06.2022

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