S.Kumar vs The Superintendent Of Police
2022 Latest Caselaw 10294 Mad

                                                                                  Crl.O.P.No.7385 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.7385 of 2022


                S.Kumar                                                         ... Petitioner

                                                             Vs.

                1. The Superintendent of Police,
                   Kallakurichi District,
                   Kallakurichi.

                2. The Inspector of Police,
                  Thiyagadurgam Police Station,
                  Kallakurichi District.                                        ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to issue a suitable direction to the 2nd respondent police to register a case on the
                basis of petitioner's complaint dated 20.01.2022.


                                       For Petitioner    :     Mr.A.Sasikumar
                                       For Respondents :       Mr.N.Muthuvel
                                                               Government Advocate (Crl.Side)




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https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No.7385 of 2022



                                                        ORDER

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

respondent Police to register the case, based on the petitioner's complaint dated

20.01.2022.

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

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

cannot issue any direction for registration of FIR. High Court can intervene only

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7385 of 2022

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

To

1. The Superintendent of Police, Kallakurichi District,

2. The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7385 of 2022

N. SATHISH KUMAR, J.

ham/rgi

Crl.O.P.No.7385 of 2022

15.06.2022

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