Madras High Court
U.Ayyasamy vs The Superintendent Of Police on 28 June, 2022
Crl.O.P.No.8889 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
CRL.O.P.No.8889 of 2022
and Crl.M.P.No.7698 of 2022
U.Ayyasamy ... Petitioner
Vs.
1.The Superintendent of Police
Coimbatore
2.The Inspector of Police
Anit-Land Grabbing Cell
Coimbatore ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the 2nd respondent to register a case and investigate the
complaint dated 23.02.2022 given by the petitioner.
For Petitioner : Mr.G.R.Deepak
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
Page No.1 of 4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8889 of 2022
ORDER
This Criminal Original Petition filed is under Section 482 of
Cr.P.C., to direct the 2nd respondent to register a case and investigate the
complaint dated 23.02.2022 given by the petitioner.
2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for
the respondents would submit that the complaint of the petitioner is
pending on the file of the 2nd respondent and F.I.R. would be registered
after conducting due enquiry.
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 repeatedly held that the
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8889 of 2022
High Court cannot issue any direction for registration of F.I.R. High
Court can intrevene 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 Offier 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 F.I.R 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. Consequently, the connected miscellaneous petition is
closed.
28.06.2022
Index : Yes / No
Internet: Yes
Speaking/non speaking order
kas
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8889 of 2022
N.SATHISH KUMAR, J.
kas
To
1.The Superintendent of Police
Coimbatore
2.The Inspector of Police
Anit-Land Grabbing Cell
Coimbatore
3.The Public Prosecutor,
High Court of Madras.
Chennai – 600 104.
CRL.O.P.No.8889 of 2022
and Crl.M.P.No.7698 of 2022
28.06.2022
https://www.mhc.tn.gov.in/judis
