Sivakumar vs The State Rep. By
2022 Latest Caselaw 10262 Mad

                                                                           Crl.O.P.No.5598 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.5598 of 2022

                Sivakumar                                                  ... Petitioner
                                                        Vs.


                1.The State Rep. by
                  Sub Inspector of Police,
                  Cyber Crime Branch,
                  Vanthavasi Road,
                  Kancheepuram - 631 501.

                2.The Manager,
                  HDFC Bank Ltd.,
                  No.9, Sri Lakshmi Nagar,
                  Bangalore High Road,
                  Sriperumbadur, Chennai - 602 105.                        ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the 1st respondent to register the FIR upon the petitioner dated
                20.01.2022 in CSR bearing No.60/2022 came to be issued by the 1st
                respondent.


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

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https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.No.5598 of 2022



                                                        ORDER

This Criminal Original Petition has been filed to direct the 1st

respondent to register the FIR upon the petitioner dated 20.01.2022 in CSR

bearing No.60/2022 came to be issued by the 1st respondent.

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 first 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.5598 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.5598 of 2022

N.SATHISH KUMAR,J.

ham/mtl

To

1.The State Rep. by Sub Inspector of Police, Cyber Crime Branch, Vanthavasi Road, Kancheepuram - 631 501.

2.The Manager, HDFC Bank Ltd., No.9, Sri Lakshmi Nagar, Bangalore High Road, Sriperumbadur, Chennai - 602 105.

Crl.O.P.No.5598 of 2022

15.06.2022

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