Madras High Court
Krishnamoorthy vs The Superintendent Of Police on 30 June, 2022
Crl.O.P.No.15012 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.15012 of 2022
Krishnamoorthy ... Petitioner
Vs.
1.The Superintendent of Police,
Cuddalore District,
Cuddalore.
2.The Inspector of Police,
District Crime Branch,
Cuddalore District,
Cuddalore. ..Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C praying
to direct the second respondent to register the complaint of the petitioner dated
01.12.2020 and investigate the same in accordance with law.
For Petitioner : Mr.M.Velmurugan
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15012 of 2022
ORDER
This Criminal Original Petition has been to direct the second respondent
to register the complaint of the petitioner dated 01.12.2020 and investigate the
same.
2. It is the grievance of the petitioner that despite the order of the learned
Judicial Magistrate, Tittagudi in Crl.M.P.No.137/2021 dated 29.01.2021 passed
under Section 156(3) of Cr.P.C to conduct investigation and file a report of
compliance letter within 30 days, the respondent police has not complied with
till date.
3. Learned Additional Public Prosecutor appearing for the respondents
would submit that the respondent police will comply with the order within a
period of two weeks.
4.Heard the learned counsel for the petitioner and Mr.A.Gokulakrishnan,
learned Additional Public Prosecutor for the respondents.
5. 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15012 of 2022
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. 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.
6. In view of the above direction, this Criminal Original Petition is
disposed of.
30.06.2022
Speaking Order/Non-speaking Order
Index :Yes/No
Internet:Yes/No
nr/ksa-2
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15012 of 2022
To
1.The Superintendent of Police,
Cuddalore District,
Cuddalore.
2.The Inspector of Police,
District Crime Branch,
Cuddalore District,
Cuddalore.
3. The Public Prosecutor,
Madras High Court,
Chennai.
N. SATHISH KUMAR,J.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.15012 of 2022
nr
Crl.O.P.No.15012 of 2022
30.06.2022
https://www.mhc.tn.gov.in/judis
