V.Murugan vs State Rep. By
2022 Latest Caselaw 11106 Mad

                                                                           Crl.O.P.No.9661 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.9661 of 2022


                V.Murugan                                                  ... Petitioner

                                                       Vs.


                State rep. By
                The Inspector of Police,
                B-5, Manavalanagar Police Station,
                Tiruvallur District.                                       ... Respondent



                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,

                to direct the respondent to register FIR on the petitioner's complaint dated

                20.03.2022 in CSR No.202 of 2022 and to investigate the same.



                                     For Petitioner    : Mr.M.Mohamed Riyaz


                                     For Respondents : Mr.A.Gokulakrishnan,
                                                       Additional Public Prosecutor.




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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.9661 of 2022

                                                          ORDER

This Criminal Original Petition has been filed to direct the respondent

to register FIR on the petitioner's complaint dated 20.03.2022 in CSR No.202 of

2022 and to investigate the same.

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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9661 of 2022

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.

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.9661 of 2022

N.SATHISH KUMAR,J.

shk/nr

To

1.The Inspector of Police, B-5, Manavalanagar Police Station, Tiruvallur District.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9661 of 2022

24.06.2022

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