Denston vs The Commissioner Of Police
2022 Latest Caselaw 10295 Mad

                                                                                Crl.O.P.No.7384 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.7384 of 2022


                Denston                                                      ... Petitioner

                                                       Vs.

                1. The Commissioner of Police,
                   Central Crime Branch,
                   Coimbatore City,
                   Coimbatore – 641 018.

                2. The Assistant Commissioner of Police,
                   Central Crime Branch,
                   Coimbatore City,
                   Coimbatore – 641 018.

                3.The State represented by,
                  The Inspector of Police,
                  Central Crime Branch,
                  Coimbatore.                                                ... Respondents


                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to direct the respondent police to register a case on the basis of the complaint
                given by the petitioner dated 19.08.2021 against the above said person named in
                the complaint and investigate into the matter and submit the report to the court.


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https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No.7384 of 2022

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

                                                     ORDER

This Criminal Original Petition has been filed seeking to direct the

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

19.08.2021 and investigate into the matter.

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

that the enquiry has been conducted in C.No.64/ACCCB/CBE City/2021 and

the same has been closed on 05.01.2022.

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 Commissioner 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7384 of 2022

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

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, Central Crime Branch, Coimbatore City, Coimbatore – 641 018.

2. The Assistant Commissioner of Police, Central Crime Branch, Coimbatore City, Coimbatore – 641 018.

3. The Inspector of Police, Central Crime Branch, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7384 of 2022

N. SATHISH KUMAR, J.

ham/rgi

Crl.O.P.No.7384 of 2022

15.06.2022

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