Madras High Court
Prabakaran vs Praburam on 11 October, 2022
Crl.O.P.No.24281 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.O.P.No.24281 of 2022
Prabakaran ... Petitioner
Vs.
1.Praburam
2.The Sub Inspector of Police,
Thittakudi Police Station,
Thittakudi, Cuddalore District. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to
direct the second respondent to register the FIR as per order passed in
C.M.P.No.42/2022 by the learned Judicial Magistrate, Thittakudi dated
01.02.2022.
For Petitioner : Mr.P.Muthamizhselvakumar
For Respondents : Mr.S.Santhosh ,
Government Advocate (crl.side)
for R2
ORDER
This Criminal Original petition has been filed to direct the second
respondent to register the FIR as per order passed in C.M.P.No.42 of 2022 by
the learned Judicial Magistrate, Thittakudi dated 01.02.2022.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24281 of 2022
2.The learned Counsel appearing for the petitioner submitted that
despite the order passed by the learned Judicial Magistrate, Thittakudi in
C.M.P.No.42 of 2022 dated 01.02.2022 to conduct preliminary enquiry and
register FIR or proceed further in accordance with law against the accused, if
any cognizable offence is made out and shall file final report of compliance
before the Court within 30 days from the date of receipt of a copy of this
order, the respondent police did not register the case. Hence, the present
petition has been filed.
3.The learned Government Advocate (crl.side) submitted that as per the
order of the learned Judicial Magistrate, Thittakudi in C.M.P.No.42 of 2022
dated 01.02.2022, the second respondent police conducted enquiry and the
investigation is still under progress. Hence, he seeks two weeks time to
conduct further investigation.
4. I have considered the matter in the light of the submissions made by
the learned counsel for the petitioner and the learned Government Advocate
(Crl.Side) appearing for the second respondent.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24281 of 2022
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 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 second 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 the date of receipt of a copy of
this order.
6.With the above direction, this Criminal Original Petition stands
disposed of.
11.10.2022
shk
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24281 of 2022
V.SIVAGNANAM, J.
shk
To
1.The Sub Inspector of Police,
Thittakudi Police Station,
Thittakudi, Cuddalore District.
2.The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.24281 of 2022
11.10.2022
https://www.mhc.tn.gov.in/judis
