Periyasamy vs The Superintendent Of Police
2022 Latest Caselaw 10257 Mad

                                                                               Crl.O.P.No.9429 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.9429 of 2022

                Periyasamy                                                     ... Petitioner
                                                              Vs.

                1.The Superintendent of Police,
                  Erode District.

                2.The Inspector of Police,
                  Modakurichi Police Station,
                  Erode District.                                              ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the 2nd respondent to register the case on the complaint dated
                10.04.2022 given by the petitioner and investigate the same in accordance with
                law.
                                           For Petitioner    : Mr.M.Ravi
                                           For Respondents : Mr.N.Muthuvel
                                                             Government Advocate (Criminal Side)

                                                            ORDER

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

respondent to register the case on the complaint dated 10.04.2022 given by the

petitioner and investigate the same.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9429 of 2022

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 second 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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9429 of 2022

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.9429 of 2022

N.SATHISH KUMAR,J.

ham/mtl

To

1.The Superintendent of Police, Erode District.

2.The Inspector of Police, Modakurichi Police Station, Erode District.

Crl.O.P.No.9429 of 2022

15.06.2022

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