R.Sampathkumar vs The Superintendent Of Police
2022 Latest Caselaw 16496 Mad

                                                                             Crl.O.P.No.25000 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.25000 of 2022

                R.Sampathkumar                                                ... Petitioner

                                                          Vs.

                1.The Superintendent of Police,
                  Kancheepuram District,
                  Kancheepuram TK & DT.

                2.The Inspector of Police,
                  Taluk Police Station,
                  Kancheepuram TK & DT.                                       ... Respondents



                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,

                to direct the respondents 1 & 2 to register the petitioner complaints dated

                14.06.2022 & 17.06.2022 in vide CSR No.2167 of 2022 and file a FIR.



                                        For Petitioner     : Mr.T.R.Shanmugam

                                        For Respondent     : Mr.S.Santhosh,
                                                             Government Advocate (crl.side)




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.25000 of 2022

                                                     ORDER

This Criminal Original Petition has been filed to direct the

respondents 1 & 2 to register the petitioner complaints dated 14.06.2022 &

17.06.2022 in vide CSR No.2167 of 2022 and file a FIR.

2. The learned counsel appearing for the petitioner submitted that

though the petitioner gave seperate complaint against one Vijayakumar to the

respondents 1 & 2 on 14.06.2022 and 17.06.2022, they have not registered a

case till now. Therefore, the respondents police may be directed to register the

case, based on the compliants given by the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the

respondents submitted that, after receipt of complaints dated 14.06.2022 and

17.06.2022 from the petitioner, the second respondent police conducted enquiry

in C.S.R No.2167 of 2022 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.25000 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.25000 of 2022

V.SIVAGNANAM,J.

shk

To

1.The Superintendent of Police, Kancheepuram District, Kancheepuram TK & DT.

2.The Inspector of Police, Taluk Police Station, Kancheepuram TK & DT.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.25000 of 2022

17.10.2022

https://www.mhc.tn.gov.in/judis