C.V.Vignesh vs The Inspector Of Police
2022 Latest Caselaw 10250 Mad

                                                                                    Crl.O.P.No.9523 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.9523 of 2022

                C.V.Vignesh                                                         ... Petitioner
                                                                Vs.


                The Inspector of Police,
                Adambakkam Police Station,
                Adambakkam, Chennai - 88.                                           ... Respondent

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondent police to register FIR on basis of the complaint dated
                22.03.2022 given by the petitioner.


                                            For Petitioner    : Mr.J.N.Naresh Kumar
                                            For Respondent : Mr.N.Muthuvel
                                                             Government Advocate (Criminal Side)

                                                             ORDER

This Criminal Original Petition has been filed to direct the respondent

police to register FIR on basis of the complaint dated 22.03.2022 given by the

petitioner.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9523 of 2022

2. Mr.N.Muthuvel, learned Government Advocate for the respondent

would submit that based on the complaint given by the petitioner, enquiry has

been conducted and the same is pending on the file of the respondent police.

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

Government Advocate for the respondent.

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. 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9523 of 2022

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 Internet:Yes/No Index:Yes/No Speaking/Non speaking order

ham/mtl

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9523 of 2022

N.SATHISH KUMAR,J.

ham/mtl

To

The Inspector of Police, Adambakkam Police Station, Adambakkam, Chennai - 88.

Crl.O.P.No.9523 of 2022

15.06.2022

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