Murugesan vs The Superintendent Of Police
2022 Latest Caselaw 10272 Mad

                                                                            Crl.O.P.No.8756 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.8756 of 2022

                Murugesan                                                  ... Petitioner

                                                      Vs.

                State represented by its,
                1. The Superintendent of Police,
                   Office of the Superintendent,
                   Thiruvallur - 601 102.,

                2. The Inspector of Police,
                   Periyapalayam Police Station,
                   Periyapalayam,
                   Thiruvallur - 601 102.

                3. The Inspector of Police,
                   District Crime Branch,
                   Thiruvallur.
                   (R3 suo-motu impleaded as per order in
                   Crl.O.P.No.8756/2022 dated 19.04.2022)                  ... Respondents


                Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., pleased to
                direct the 2nd respondent to register an FIR based on the complaint dated
                06.12.2021 made by the petitioner and pass suitable orders therefore in the
                nature.


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https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.8756 of 2022




                                      For Petitioner    :   Mr.G.Mohammed Aseef
                                      For Respondents :     Mr.N.Muthuvel
                                                            Government Advocate (Crl.Side)


                                                     ORDER

This Criminal Original Petition has been filed seeking to direct the

second respondent to register an FIR based on the petitioner's complaint dated

06.12.2021.

2. When the matter is taken up for hearing, learned Government Advocate

(Crl.Side) appearing for the respondents, on instructions submitted that the case

has been transferred to District Crime Branch, Thiruvallur, on point of

jurisdiction.

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

Government Advocate (Crl.Side) 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8756 of 2022

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. However, taking note of the fact that

the complaint is 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 direction, this Criminal Original Petition stands

disposed of.

15.06.2022

ham/rgi Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

N. SATHISH KUMAR, J.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8756 of 2022

ham/rgi

To

1. The Superintendent of Police, Thiruvallur - 601 102.

2. The Inspector of Police, Periyapalayam Police Station, Thiruvallur - 601 102.

3. The Inspector of Police, District Crime Branch, Thiruvallur.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8756 of 2022

15.06.2022

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