Madras High Court
V.M.Venkateswaran vs State By The on 17 October, 2022
Crl.O.P.No.25080 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.O.P.No.25080 of 2022
V.M.Venkateswaran ... Petitioner
Vs.
1.State by the
Deputy Superintendent of Police,
Thiruvallur District.
2.The Inspector of Police,
Kanakkama Chatram Police Station,
Thiruvallur District. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the respondent to register the case based on the petitioner's complaint
dated 03.06.2022.
For Petitioner : Mr.R.Ramesh
For Respondents : Mr.S.Santhosh,
Government Advocate (crl.side)
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25080 of 2022
ORDER
This Criminal Original Petition has been filed to direct the
respondents to register the case based on the petitioner's complaint dated
03.06.2022.
2. The learned counsel appearing for the petitioner submitted that
though the petitioner gave a complaint against one Krishnan on 03.06.2022, the
second respondent police has not registered a case till now. Therefore, the
second respondent police may be directed to register the case, based on the
compliant given by the petitioner.
3. The learned Government Advocate (Crl.Side) appearing for the
respondents submitted that, after receipt of complaint dated 03.06.2022 from
the petitioner, the second respondent police conducted enquiry and it is pending
for 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 respondents.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25080 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 four weeks from the date of receipt of a copy of this order.
6. With the above directions, this Criminal Original Petition is
disposed of.
17.10.2022
Internet:Yes/No
shk
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25080 of 2022
V.SIVAGNANAM,J.
shk
To
1.The Deputy Superintendent of Police,
Thiruvallur District.
2.The Inspector of Police,
Kanakkama Chatram Police Station,
Thiruvallur District.
3. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.25080 of 2022
17.10.2022
https://www.mhc.tn.gov.in/judis
