C.Rajasekaran vs The Superintendent Of Police
2022 Latest Caselaw 10197 Mad

                                                                                  Crl.O.P.No.10054 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.10054 of 2022


                C.Rajasekaran                                                   ... Petitioner
                                                             Vs.

                1. The Superintendent of Police,
                   Office of the Superintendent of Police,
                   Puducherry.

                2. The Inspector of Police,
                   Orillianpet Police Station,
                   Orillianpet,
                   Puducherry.                                                  ... Respondents



                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to direct the 2nd respondent police to register the case on the petitioner's
                complaint dated 22.03.2022.


                                       For Petitioner    :     Mr.R.Murugabharathi
                                       For R1 & R2       :    Mr.V.Balamurugane
                                                              Additional Public Prosecutor (Pondy)



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https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.10054 of 2022



                                                       ORDER

This Criminal Original Petition has been filed to direct the 2 nd respondent

police to register the case on the petitioner's complaint dated 22.03.2022.

2. Mr.V.Balamurugane, learned Additional Public Prosecutor, Pondicherry

appearing for the respondent police submitted 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 Additional

Public Prosecutor 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

issue any direction for registration of FIR. High Court can intervene only in

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10054 of 2022

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 rgi/ham Index :Yes/No Speaking/Non-Speaking Order Internet:Yes/No

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10054 of 2022

To

1. The Superintendent of Police, Office of the Superintendent of Police, Puducherry.

2. The Inspector of Police, Orillianpet Police Station, Orillianpet, Puducherry.

3. The Public Prosecutor, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10054 of 2022

Crl.O.P.No.10054 of 2022

15.06.2022

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