Madras High Court
P.A.Abdul Nazar vs The State on 26 October, 2022
Crl.O.P.No.25760 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 26.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.No.25760 of 2022
P.A.Abdul Nazar ... Petitioner
Vs.
1. The State, rep. by the Inspector of Police,
C3, Saibaba Colony Police Station,
Coimbatore 641 011..
2. The Commissioner of Police,
Office of the Commissioner of Police,
Hosur Road, Coimbatore 641 018. ...Respondents
Prayer: Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, 1973 to direct the respondent police to
register complaint dated 09.10.2021 in CSR No.454 of 2021 as per the
order dated 22.06.2022 passed by the learned Judicial Magistrate
No.VII, Coimbatore in Crl.M.P.No.16171/2022 and investigate the case
and file final report as per law, within a time frame stipulated by this
Court.
Page 1 of 5
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Crl.O.P.No.25760 of 2022
For petitioner : Mr.I.Jenkins William
For respondents : Mr.S.Santhosh
Government Advocate (Crl.side)
ORDER
This Criminal Original petition has been filed to direct the
respondent police to register the complaint dated 09.10.2021 in CSR
No.454 of 2021, as per the order dated 22.06.2022 passed by the
learned Judicial Magistrate No.VII, Coimbatore in Crl.M.P.
No.16171/2022 and investigate the case and file final report as per law,
within a time frame stipulated by this Court.
2. The learned counsel for the petitioner submitted that though
the Jurisdictional Magistrate has directed the respondents to conduct
preliminary enquiry on the complaint given by the petitioner in CSR
No.454 of 2021, vide order dated 22.06.2022 in Crl.M.P.No.16171 of
2022, the respondent police have not registered and investigate the
case. Hence this petition.
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Crl.O.P.No.25760 of 2022
3. The learned Government Advocate (Crl.Side) appearing for
the respondents submitted that the first respondent received the
complaint from the Judicial Magistrate-VII, Coimbatore and it is
pending for enquiry. Hence, he seeks two weeks time to complete the
enquiry and to file FIR.
4. Heard the learned counsel appearing for the petitioner and
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 intrevene only in extraordinary circumstances
and rare cases. However, taking note of the fact that the complaint is
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Crl.O.P.No.25760 of 2022
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.
6. In view of the above direction, this Criminal Original Petition
is disposed of.
26.10.2022
Index:Yes/No
mst
To
1. The Inspector of Police,
C3, Saibaba Colony Police Station,
Coimbatore 641 011..
2. The Commissioner of Police,
Office of the Commissioner of Police,
Hosur Road, Coimbatore 641 018.
3.The Public Prosecutor,
Madras High Court.
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Crl.O.P.No.25760 of 2022
V.SIVAGNANAM, J.
mst
Crl.O.P.No.25760 of 2022
26.10.2022
https://www.mhc.tn.gov.in/judis
