Madras High Court
R.Magesh vs The Superintendent Of Police on 28 October, 2022
Crl.O.P.No.25962 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.O.P.No.25962 of 2022
R.Magesh ... Petitioner
Vs.
1.The Superintendent of Police,
Tiruvallur District,
Tiruvallur.
2.The Inspector of Police,
(Land Grabbing Cell),
Office of Superintendent of Police,
Tiruvallur District,
Tiruvallur. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the second respondent to register a case on the basis of the complaint
dated 12.05.2022 by following the order of the learned Special Magistrate
(Land Grabbing) Tiruvallur in Crl.M.P.No.247 of 2022 dated 09.09.2022 and
conduct an investigation in a fair and proper manner.
For Petitioner : Mr.D.Ashok Kumar
For Respondents : Mr.S.Santhosh,
Government Advocate (crl.side)
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25962 of 2022
ORDER
This Criminal Original Petition has been filed to direct the second
respondent to register a case on the basis of the complaint dated 12.05.2022 by
following the order of the learned Special Magistrate (Land Grabbing)
Tiruvallur in Crl.M.P.No.247 of 2022 dated 09.09.2022
2. The learned counsel appearing for the petitioner submitted that
though the learned Special Magistrate (Land Grabbing), Tiruvallur in
Crl.M.P.No.247 of 2022 dated 09.09.2022 forwarded the complaint to the
respondent police to conduct investigation and register the case, they have not
registered a case till now. Therefore, the respondents 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 the earlier complaint given by the petitioner was
closed after enquiry and they have not yet received the complaint forwarded by
the learned Special Magistrate (Land Grabbing), Tiruvallur in Crl.M.P.No.247
of 2022 dated 09.09.2022.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25962 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 forwarded by the learned Magistrate 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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25962 of 2022
V.SIVAGNANAM,J.
shk
6. With the above directions, this Criminal Original Petition stands
disposed of.
28.10.2022
Internet:Yes/No
Index:Yes/No
Speaking/Non speaking order
shk
To
1.The Superintendent of Police,
Tiruvallur District,
Tiruvallur.
2.The Inspector of Police,
(Land Grabbing Cell),
Office of Superintendent of Police,
Tiruvallur District,
Tiruvallur.
3. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.25962 of 2022
https://www.mhc.tn.gov.in/judis
