Iroudhayaraz Jule vs The Superintendent Of Police
2022 Latest Caselaw 10205 Mad

                                                                                    Crl.O.P.No.4783 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.4783 of 2022

                Iroudhayaraz Jule                                                ... Petitioner
                                                             Vs.

                1. The Superintendent of Police,
                   CID, Puducherry.

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

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to direct the 2nd respondent to register the complaint of the petitioner dated
                10.06.2020 and file a FIR.


                                  For Petitioner      : Ms.M.Kalyani
                                  For R1 & R2         : Mr.V.Balamurugane
                                                        Additional Public Prosecutor, Pondicherry

                                                          ORDER

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

to register the complaint of the petitioner dated 10.06.2020 and file an FIR.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.4783 of 2022

2. Heard the learned counsel for the petitioner and the learned Additional

Public Prosecutor, Pondicherry for the respondent.

3. Mr.V.Balamurugane, Additional Public Prosecutor, Pondicherry

appearing for the respondent police submitted that the enquiry has been

conducted and the same has been disposed on 29.11.2021.

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 approach

the concerned civil Court under Section 340 of Cr.P.C., to work out his remedy.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.4783 of 2022

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

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

To

1. The Superintendent of Police, CID, Puducherry.

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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.4783 of 2022

N. SATHISH KUMAR,J.

rgi/ham

Crl.O.P.No.4783 of 2022

15.06.2022

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