S.Arockiyaraj vs The State Of Tamil Nadu
2022 Latest Caselaw 10203 Mad

                                                                                  Crl.O.P.No.4879 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.4879 of 2022
                S.Arockiyaraj                                                     ... Petitioner

                                                             Vs.
                1. The State of Tamil Nadu
                   represented by,
                   The Superintendent of Police,
                   Myladuthurai District 601 008.

                2. The State of Tamil Nadu
                   represented by,
                   The Inspector of Police,
                   Police Station Road,
                   Gandhi Nagar, Koranadu,
                   Myladuthurai District – 601 008.                               ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to direct the second respondent, The Inspector of Police, Myladuthurai, Police
                Station, Myladuthurai District to register the First Information Report based on
                the complaint filed by the petitioner dated 07.02.2022 in CSR No.244 of 2022
                and conduct expeditious enquiry, pass appropriate orders.

                                       For Petitioner    :     Mr.V.Rajasekar
                                       For Respondents :       Mr.N.Muthuvel
                                                               Government Advocate (Crl.Side)



               1/4
https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.4879 of 2022



                                                      ORDER

The Criminal Original Petition has been filed seeking to direct the second

respondent to register the case, based on the petitioner's complaint dated

07.02.2022 and investigate the same.

2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted

that the enquiry has been conducted and the same has been closed on

12.02.2022.

3. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.Side) 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

extraordinary circumstances and rare cases. It is for the petitioner to pursue his

https://www.mhc.tn.gov.in/judis Crl.O.P.No.4879 of 2022

right as per Code.

5. With the above direction, this Criminal Original Petition is closed.

15.06.2022 ham/rgi Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

To

1. The Superintendent of Police, Myladuthurai District - 601 008.

2. The Inspector of Police, Police Station Road, Gandhi Nagar, Koranadu, Myladuthurai District – 601 008.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.4879 of 2022

N. SATHISH KUMAR, J.

ham/rgi

Crl.O.P.No.4879 of 2022

15.06.2022

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