Gangadharan vs State Represented By
2022 Latest Caselaw 10229 Mad

                                                                                   Crl.O.P.No.8611 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.8611 of 2022

                Gangadharan                                                     ... Petitioner
                                                             Vs.

                1. State represented by,
                   The Assistant Commissioner of Police,
                   Office of the Assistant Commissioner of Police,
                   Adyar, Chennai.

                2. The Inspector of Police,
                   Adyar Police Station,
                   Chennai.                                                     ... Respondents


                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to grant an order of direction directing the 2nd respondent police to Register the
                case based on the complaint dated 12.03.2021 given by the petitioner in CSR
                No.121 of 2021 dated 19.03.2021 and investigate the same in accordance with
                law.
                                       For Petitioner    :     Mr.R.Sasikumar
                                       For R1 & R2       :     Mr.N.Muthuvel
                                                               Government Advocate (Crl. Side)



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https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No.8611 of 2022

                                                        ORDER

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

police to Register the case based on the complaint dated 12.03.2021 given by

the petitioner in CSR No.121 of 2021 dated 19.03.2021 and investigate the

same in accordance with law.

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

for the respondent police submitted that based on the complaint given by the

petitioner, enquiry has been conducted in CSR No.121 of 2021 and the same is

pending on the file of the 2nd respondent police.

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

Government Advocate (Crl. Side) for the respondent police.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8611 of 2022

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. 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.8611 of 2022

N. SATHISH KUMAR,J.

rgi/ham

To

1. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Adyar, Chennai.

2. The Inspector of Police, Adyar Police Station, Chennai.

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

Crl.O.P.No.8611 of 2022

15.06.2022

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