S.Panneerselvam vs The Commissioner Of Police
2022 Latest Caselaw 16501 Mad

                                                                              Crl.O.P.No.25061 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.25061 of 2022

                S.Panneerselvam                                                ... Petitioner

                                                          Vs.

                1.The Commissioner of Police,
                  Avadi Police Commissionerate,
                  Avadi, Chennai 600 054.

                2.The Station House Officer,
                  Manali Police Station,
                  Madhavaram District.                                         ... Respondents



                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondents to file First Information Report on the complaint filed
                by the petitioner in CSR No.224 of 2022 dated 07.07.2022 on the file of the
                Manali Police Station, Madhavaram District within the time frame as may be
                fixed by this Court.


                                        For Petitioner     : Mr.S.Sridharan

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


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https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.No.25061 of 2022



                                                       ORDER

This Criminal Original Petition has been filed to direct the

respondents to register First Information Report on the complaint filed by the

petitioner in CSR No.224 of 2022 dated 07.07.2022 on the file of the Manali

Police Station, Madhavaram District within the time frame as may be fixed by

this Court.

2. The learned counsel appearing for the petitioner submitted that

though the petitioner gave complaint against one Jayashankar and others on

07.07.2022, the respondent police has not registered the case till now.

Therefore, the 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 07.07.2022 from

the petitioner, the respondent police gave CSR No.224 of 2022 and conducted

enquiry on CSR No.224 of 2022 and it is pending for further investigation.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25061 of 2022

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.

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 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.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25061 of 2022

V.SIVAGNANAM,J.

shk

6. With the above directions, this Criminal Original Petition is

disposed of.

17.10.2022

Internet:Yes/No Index:Yes/No Speaking/Non speaking order

shk

To

1.The Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai 600 054.

2.The Station House Officer, Manali Police Station, Madhavaram District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.25061 of 2022

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