K.Arumugam vs The Commissioner Of Police
2022 Latest Caselaw 10285 Mad

                                                                                  Crl.O.P.No.10250 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.10250 of 2022


                K.Arumugam                                                     ... Petitioner

                                                            Vs.

                1. The Commissioner of Police,
                   Salem,
                   Salem District.

                2. The Inspector of Police,
                   Attur Rural Police Station,
                   Salem District.                                             ... Respondents



                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to direct the 2nd respondent to Register the complaint of the petitioner dated
                05.04.2022 and investigate the same in accordance with law.


                                      For Petitioner    :     Mr.A.Ramesh
                                      For R1& R2        :     Mr.N.Muthuvel
                                                              Government Advocate (Crl. Side)



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https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No.10250 of 2022



                                                        ORDER

This Criminal Original Petition has been filed to direct the 2 nd respondent

to Register the complaint of the petitioner dated 05.04.2022 and investigate the

same in accordance with law.

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

for the respondent police submitted that the enquiry has been conducted and the

same has been closed.

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

Government Advocate (Crl. Side) for the respondent police.

4. In such view of the matter, liberty is given to the petitioner to workout

his 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10250 of 2022

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

his right as per Code.

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

15.06.2022

rgi/ham Index :Yes/No Internet:Yes/No

To

1. The Commissioner of Police, Salem, Salem District.

2. The Inspector of Police, Attur Rural Police Station, Salem District.

3. The Public Prosecutor, Madras High Court, Chennai.

N. SATHISH KUMAR,J.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10250 of 2022

rgi/ham

Crl.O.P.No.10250 of 2022

15.06.2022

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