D.Sarathbalaji vs The Commissioner Of Police
2022 Latest Caselaw 10253 Mad

                                                                         Crl.O.P.No.9200 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.9200 of 2022

                D.Sarathbalaji                                           ... Petitioner
                                                        Vs.

                1.The Commissioner of Police,
                  Tambaram @ Sholinganallur.

                2.The Assistant Commissioner of Police,
                  Madipakkam Police Circle,
                  Kilkattalai, Chennai.

                3.The Inspector of Police (Crime),
                  Perumbakkam Police Station,
                  Perumbakkam, Chennai - 600 130.                        ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondent police to register the complaint based on the
                petitioner's complaint dated 12.07.2019.


                                     For Petitioner    : Mr.K.Muruganantham

                                     For Respondents : Mr.N.Muthuvel
                                                       Government Advocate (Criminal Side)




                1/4
https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.9200 of 2022




                                                          ORDER

This Criminal Original Petition has been filed to direct the respondent

police to register the complaint based on the petitioner's complaint dated

12.07.2019.

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

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 third respondent

police.

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

Government Advocate 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9200 of 2022

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

ham/mtl

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9200 of 2022

N.SATHISH KUMAR,J.

ham/mtl

To

1.The Commissioner of Police, Tambaram @ Sholinganallur.

2.The Assistant Commissioner of Police, Madipakkam Police Circle, Kilkattalai, Chennai.

3.The Inspector of Police (Crime), Perumbakkam Police Station, Perumbakkam, Chennai - 600 130.

Crl.O.P.No.9200 of 2022

15.06.2022

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