Citation : 2022 Latest Caselaw 10273 Mad
Judgement Date : 15 June, 2022
Crl.O.P.Nos.8652 & 8655 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.Nos.8652 & 8655 of 2022
A.Mohan ... Petitioner in Crl.O.P.No.8652 of 2022
Ranganayagi ... Petitioner in Crl.O.P.No.8655 of 2022
Vs.
1. The Commissioner of Police,
Chennai City, Forgery Wing (CCB),
Commissioners Office Chennai,
E.V.K. Sampath Road, Veperry,
Chennai – 600 007.
2. The Assistant Commissioner of Police,
St. Thomas Mount Range,
St. Thomas Mount Police Station,
Chennai – 600 016.
3. The Inspector of Police,
Forgery Wing (CCB),
Team – V, Veperry,
Chennai – 600 007. ... Respondents in both Crl.O.P.Nos.
Prayer in Crl.O.P.No.8652 of 2022: This Criminal Original Petition filed under
Section 482 Cr.P.C., pleased to direct the Inspector of Police, Forgery Wing
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https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.8652 & 8655 of 2022
(CCB), Team – V, Veperry, Chennai – 600 007 police to register complaint
dated 17.12.2021.
Prayer in Crl.O.P.No.8655 of 2022: This Criminal Original Petition filed under
Section 482 Cr.P.C., pleased to direct the Inspector of Police, Forgery Wing
(CCB), Team – V, Veperry, Chennai – 600 007 police to register complaint
dated 07.01.2022.
In both Crl.O.P.Nos.
For Petitioners : Mr.C.D.Johnson
For Respondents : Mr.N.Muthuvel
Government Advocate (Crl.Side)
COMMON ORDER
These Criminal Original Petitions have been filed seeking to direct the 3rd
respondent Police to register the complaint, based on the petitioners' complaints
dated 17.12.2021 & 07.01.2022 respectively.
2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted
that the enquiry has been conducted and the same has been closed.
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Crl.O.P.Nos.8652 & 8655 of 2022
3. Heard the learned counsel for the petitioners and the learned
Government Advocate (Crl.Side) for the respondents.
4. In such view of the matter, liberty is given to the petitioners to workout
their remedy as per law. 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. It is for the petitioners to pursue
their right as per Code.
5. With the above direction, these Criminal Original Petitions are closed.
15.06.2022
ham/rgi
Speaking Order/Non-speaking Order
Index :Yes/No
Internet:Yes/No
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https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.8652 & 8655 of 2022
N. SATHISH KUMAR, J.
ham/rgi
To
1. The Commissioner of Police, Chennai City, Forgery Wing (CCB), Commissioners Office Chennai, E.V.K. Sampath Road, Veperry, Chennai – 600 007.
2. The Assistant Commissioner of Police, St. Thomas Mount Range, St. Thomas Mount Police Station, Chennai – 600 016.
3. The Inspector of Police, Forgery Wing (CCB), Team – V, Veperry, Chennai – 600 007.
4. The Public Prosecutor, High Court of Madras.
Crl.O.P.Nos.8652 & 8655 of 2022
15.06.2022
https://www.mhc.tn.gov.in/judis
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