Madras High Court
Arulpragasa Vallalar vs The Superintendent Of Police on 12 October, 2022
Crl.O.P.No.24589 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 12.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.No.24589 of 2022
Arulpragasa Vallalar
rep. by Secretary R.Govindasamy ... Petitioner
Vs.
The Superintendent of Police,
(Anti Land Grabbing), Land Grabbing Cell,
Cuddalore District, Cuddalore. ... Respondent
Prayer: Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, 1973 to direct the respondent to register an
FIR on the complaint given by the petitioner dated 04.07.2022.
For petitioner : Mr.V.V.Sairam
For respondent : Mr.S.Santhosh
Government Advocate (Crl.side)
Page 1 of 5
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Crl.O.P.No.24589 of 2022
ORDER
This Criminal Original petition has been filed to direct the
respondent to register an FIR, based on the complaint dated 04.07.2022
given by the petitioner.
2. The learned counsel for the petitioner submitted that the
properties of the petitioner Association were fraudulently sold by three
persons, creating forged documents and with regard to the same, the
Secretary of the Association has given a detailed complaint on
04.07.2022 to take action against the accused persons. However, the
respondent police have not registered and investigate the case.
Therefore, appropriate direction may be given to the respondent police
to register the complaint.
3. The learned Government Advocate (Crl.Side) appearing for
the respondent submitted that the complaint given by the petitioner
Association was received and it is pending for enquiry. Hence, he
seeks two weeks time to complete the enquiry and file FIR.
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Crl.O.P.No.24589 of 2022
4. Heard the learned counsel appearing for the petitioner and
learned Additional Public Prosecutor appearing for the respondent.
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 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 FIR
otherwise they may close the complaint. Such exercise shall be
completed within a period of two weeks from today.
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Crl.O.P.No.24589 of 2022
6. In view of the above direction, this Criminal Original Petition
is disposed of.
12.10.2022
Note: Issue order on or before 14.10.2022
Index:Yes/No
mst
To
1. The Superintendent of Police,
(Anti Land Grabbing), Land Grabbing Cell,
Cuddalore District, Cuddalore.
2.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24589 of 2022
V.SIVAGNANAM, J.
mst
Crl.O.P.No.24589 of 2022
12.10.2022
https://www.mhc.tn.gov.in/judis
