N.Arunachalam vs State Rep.By
2022 Latest Caselaw 10299 Mad

                                                                                  Crl.O.P.No.9424 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.9424 of 2022


                N.Arunachalam                                                    ... Petitioner

                                                            Vs.

                State rep.by:
                The Inspector of Police,
                Muthupettai Police Station,
                Thiruvarur District.                                             ... Respondent


                Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to
                direct the respondent to register a case on the basis of the petitioner complaint
                dated 25.11.2021 and to investigate the same in accordance with law.



                                      For Petitioner    :     Mr.G.Punniakoti
                                      For Respondent    :     Mr.N.Muthuvel
                                                              Government Advocate (Crl.Side)




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https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.No.9424 of 2022



                                                   ORDER

The Criminal Original Petition has been filed seeking to direct the

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

25.11.2021 and investigate the same.

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 respondent.

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 his

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9424 of 2022

right as per Code.

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

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

To

1. The Inspector of Police, Muthupettai Police Station, Thiruvarur District.

2. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9424 of 2022

N. SATHISH KUMAR, J.

ham/rgi

Crl.O.P.No.9424 of 2022

15.06.2022

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