R.Manoharan vs The Commissioner Of Police
2022 Latest Caselaw 10275 Mad

                                                                                  Crl.O.P.No.9329 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.9329 of 2022

                R.Manoharan                                                       ... Petitioner

                                                             Vs.
                1. The Commissioner of Police,
                   Commissioner Office, Avadi,
                   Chennai 600054.

                2. The Deputy Commissioner of Police,
                   Madhavaram Range,
                   Madhavaram,
                   Chennai 600051.

                3. The Inspector of Police – Crime,
                   M-7 Manali New Town Police Station,
                   Manali New Town,
                   Chennai 600103.                                                ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to direct the 3rd respondent to register a case on the petitioner's complaint dated
                05.02.2022 under appropriate Penal provisions against the above named persons
                and thus render justice.

                                       For Petitioner    :     Mr.K.Kannan
                                       For Respondents :       Mr.N.Muthuvel
                                                               Government Advocate (Crl.Side)

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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.9329 of 2022



                                                     ORDER

The Criminal Original Petition has been filed seeking to direct the third

respondent to register the case, on the basis of the petitioner's complaint dated

05.02.2022.

2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted

that the enquiry has been conducted in C.No.248/DCB/Avadi/PGI(3)/2022 and

the same has been closed.

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

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 petitioner to pursue

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9329 of 2022

his right as per Code.

5. With the above direction, this Criminal Original Petition is closed.

15.06.2022 ham/rgi Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

To

1. The Commissioner of Police, Commissioner Office, Avadi, Chennai 600054.

2. The Deputy Commissioner of Police, Madhavaram Range, Madhavaram, Chennai 600051.

3. The Inspector of Police – Crime, M-7 Manali New Town Police Station, Manali New Town, Chennai 600103.

4. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9329 of 2022

N. SATHISH KUMAR, J.

ham/rgi

Crl.O.P.No.9329 of 2022

15.06.2022

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