Madras High Court
K.Shaik Mohammed Zubair vs The State on 15 June, 2022
Crl.O.P.No.4717 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.4717 of 2022
K.Shaik Mohammed Zubair ... Petitioner
Vs.
1.The State
Rep by the Commissioner of Police,
Greater Chennai,
O/o.Commissioner of Police,
Vepery, Chennai - 600 007.
2.The Inspector of Police,
N-2, Royapuram Police Station,
Chennai - 600 013.
3.H.Ghouse Basha ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to pass an appropriate order, directing the 1st and 2nd respondents to register a
case on the complaint of the petitioner dated 10.03.2021 and investigate the
same in accordance with law.
For Petitioner : Mr.C.K.M.Appaji
For Respondents : Mr.N.Muthuvel
Government Advocate (Criminal Side)
1/4
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Crl.O.P.No.4717 of 2022
ORDER
This Criminal Original Petition has been filed to pass an appropriate
order, directing the 1st and 2nd respondents to register a case on the complaint
of the petitioner dated 10.03.2021 and investigate the same in accordance with
law.
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.4717 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.4717 of 2022
N.SATHISH KUMAR,J.
ham/mtl
To
1.The State
Rep by the Commissioner of Police,
Greater Chennai,
O/o.Commissioner of Police,
Vepery, Chennai - 600 007.
2.The Inspector of Police,
N-2, Royapuram Police Station,
Chennai - 600 013.
Crl.O.P.No.4717 of 2022
15.06.2022
https://www.mhc.tn.gov.in/judis
