Oviyam Ranjan vs The Superintendent Of Police
2022 Latest Caselaw 10283 Mad

                                                                               Crl.O.P.No.9951 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.9951 of 2022


                Oviyam Ranjan                                                  ... Petitioner

                                                        Vs.

                1. The Superintendent of Police,
                   Thiruvallur District.

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

                3. The Inspector of Police,
                   District Crime Branch,
                   Avadi, Chennai – 54.                                        ... Respondents


                Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., pleased to
                direct the third respondent to register the case on the basis of the petitioner's
                complaint dated 24.08.2021 (C.No.207 of 2022) and to investigate into the
                matter in accordance with law and to file a final report before the competent
                court of law.




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https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.9951 of 2022

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


                                                       ORDER

This 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

24.08.2021 and to investigate into the matter and to file a final report before the

competent court of law.

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 Solavaram Police Station, 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

in M.Subramaniam v. S.Janaki, reported in (2020) 5 CTC 464, after relying

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9951 of 2022

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9951 of 2022

N. SATHISH KUMAR, J.

ham/rgi

To

1. The Superintendent of Police, Thiruvallur District.

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

3. The Inspector of Police, District Crime Branch, Avadi, Chennai – 54.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9951 of 2022

15.06.2022

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