S.Kumar vs The Superintendent Of Police
2022 Latest Caselaw 10227 Mad

                                                                                  Crl.O.P.No.7422 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.7422 of 2022


                S.Kumar                                                          ... Petitioner

                                                             Vs.

                1. The Superintendent of Police,
                   Kallakurichi District,
                   Kallakurichi.

                2. The Inspector of Police,
                   Thiyagadurgam Police Station,
                   Kallakurichi District.                                        ... Respondents

                Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., pleased to
                issue a suitable direction to the 2nd respondent police to register a case on the
                basis of petitioner's complaint dated 20.01.2022.


                                       For Petitioner    :     Mr.A.Sasikumar
                                       For Respondents :       Mr.N.Muthuvel
                                                               Government Advocate (Crl.Side)




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https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.7422 of 2022




                                                      ORDER

This Criminal Original Petition has been filed seeking to direct the

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

20.01.2022.

2. When the matter is taken up for hearing, learned Government Advocate

(Crl.Side) appearing for the respondents, on instructions submitted that the case

has been transferred to Elanchanasoor Police Station, on point of jurisdiction.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7422 of 2022

issue any direction for registration of FIR. However, taking note of the fact that

the complaint is 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 direction, this Criminal Original Petition stands

disposed of.

15.06.2022

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7422 of 2022

N. SATHISH KUMAR, J.

ham/rgi

To

1. The Superintendent of Police, Kallakurichi District.

2. The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.7422 of 2022

15.06.2022

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