Madras High Court
R.Arulmurugan vs The Superintendent Of Police on 24 June, 2022
Crl.O.P.No.9635 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
Crl.O.P.No.9635 of 2022
R.Arulmurugan ... Petitioner
Vs.
1.The Superintendent of Police,
Cuddalore District,
Cuddalore.
2.The Deputy Superintendent of Police,
Neyveli Sub Division,
Neyveli,
Cuddalore District.
3.The Inspector of Police,
Neyveli Thermal Police Station,
Cuddalore District. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the third respondent to register the FIR based on the complaint of the
petitioner dated 17.04.2022 and investigate the same in accordance with law.
For Petitioner : Mr.M.Velmurugan
For Respondents : Mr.A.Gokulakrishnan,
Additional Public Prosecutor.
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9635 of 2022
ORDER
This Criminal Original Petition has been filed to direct the third
respondent to register the FIR based on the complaint of the petitioner dated
17.04.2022 and investigate the same in accordance with law.
2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor 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 third respondent police.
3. Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor 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 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9635 of 2022
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.
24.06.2022
Internet:Yes/No
Index:Yes/No
Speaking/Non speaking order
shk/nr
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9635 of 2022
N.SATHISH KUMAR,J.
shk/nr
To
1.The Superintendent of Police,
Cuddalore District,
Cuddalore.
2.The Deputy Superintendent of Police,
Neyveli Sub Division,
Neyveli,
Cuddalore District.
3.The Inspector of Police,
Neyveli Thermal Police Station,
Cuddalore District.
4. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.9635 of 2022
24.06.2022
https://www.mhc.tn.gov.in/judis
