Madras High Court
Gunasekaran vs The Inspector General Of Police on 16 June, 2022
Crl.OP.No.8256 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl.O.P. No.8256 of 2022
Gunasekaran ... Petitioner
Vs.
1. The Inspector General of Police,
Economic Offence Wing (EOW),
Guindy, Chennai - 600 032.
presently having office at
Police Training School Campus,
Ashok Nagar, Chennai - 600 083.
2. The Deputy Superintendent of Police,
Economic Offence Wing (EOW),
Police Training School Campus,
Ashok Nagar, Chennai - 600 083. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to issue suitable direction to the second respondent herein
viz., Deputy Superintendent of Police, Economic Offence Wing (EOW),
Police Training School Campus, Ashok Nagar, Chennai - 600 083 to
register the petitioner's complaint dated 20.09.2021 and file a final report in
accordance with law.
For Petitioner : Mr.K.Balu
For Respondents : Mr.N.Muthuvel
Government Advocate (Crl.Side)
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Page 1 of 4
Crl.OP.No.8256 of 2022
ORDER
This Criminal Original Petition has been filed to direct the second
respondent herein viz., Deputy Superintendent of Police, Economic Offence
Wing (EOW), Police Training School Campus, Ashok Nagar, Chennai - 600
083 to register the petitioner's complaint dated 20.09.2021 and file a final
report in accordance with law.
2. Mr.N.Muthuvel, learned Government Advocate (Crl. Side) for the
respondents would submit that based on the complaint given by the
petitioner, enquiry has been conducted and the same is pending on the file of
the second respondent police.
3. Heard the learned counsel for the petitioner and the learned
Government Advocate 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
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Crl.OP.No.8256 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. However, taking note of
the fact that the complaint is now 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 directions, this Criminal Original Petition is
disposed of.
16.06.2022
nti/rsi
Index: Yes/No
Internet: Yes/No
Speaking Order/Non Speaking Order
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Crl.OP.No.8256 of 2022
N. SATHISH KUMAR, J.
nti/rsi
To
1. The Inspector General of Police,
Economic Offence Wing (EOW),
Guindy, Chennai - 600 032.
presently having office at
Police Training School Campus,
Ashok Nagar, Chennai - 600 083.
2. The Deputy Superintendent of Police,
Economic Offence Wing (EOW),
Police Training School Campus,
Ashok Nagar, Chennai - 600 083.
3. The Public Prosecutor,
High Court of Madras.
Crl.O.P. No.8256 of 2022
16.06.2022
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