Madras High Court
Selvam vs The Commissioner Of Police on 31 October, 2022
Crl.O.P. No.26111 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.10.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.O.P No.26111 of 2022
Selvam .. Petitioner
Vs.
1. The Commissioner of Police,
The Office of the Commissioner of Police,
Chennai District.
2. The Inspector of Police,
Anna Nagar Police Station, Chennai District. .. Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to direct the respondent police to register the case on the petitioner's
complaint dated 12.09.2022, according to law.
For Petitioner : Mr.S.Nakkeeran
For Respondents : Mr.S.Santhosh
Gov. Advocate (Crl.Side)
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P. No.26111 of 2022
ORDER
This Criminal Original Petition has been filed to direct the respondent
police to register the case on the petitioner's complaint dated 12.09.2022.
2. The learned counsel for the petitioner submitted that the petitioner
gave a complaint against two persons namely Sahilsharma and Ravisharma,
who received money from various persons through the petitioner, on the
false promise of getting job for them.
3. The learned Government Advocate (Crl.Side) appearing for the
respondents submitted that, after receipt of complaint dated 12.09.2022
from the petitioner, the respondent police visited the house of the petitioner
and made enquiry, wherein, the owner of the house informed that the
petitioner is not residing there. Hence, the complaint is pending under the
progress of enquiry.
4. Heard the learned counsel appearing for the petitioner and learned
Additional Public Prosecutor appearing for the respondent.
https://www.mhc.tn.gov.in/judis
Crl.O.P. No.26111 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 petitioner is not residing in the address, as given by him and
inview of the same, the complaint is now pending and not been enquired, the
petitioner is directed to appear before the respondent police for enquiry.
Further, 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 four weeks from today.
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Crl.O.P. No.26111 of 2022
6. In view of the above direction, this Criminal Original Petition is
disposed of.
31.10.2022
Index:Yes/no
mst
To
1. The Commissioner of Police,
The Office of the Commissioner of Police,
Chennai District.
2. The Inspector of Police,
Anna Nagar Police Station, Chennai District.
3.The Public Prosecutor,
Madras High Court, Chennai-104.
https://www.mhc.tn.gov.in/judis
Crl.O.P. No.26111 of 2022
V.SIVAGNANAM, J.
mst
CRL.O.P No.26111 of 2022
31.10.2022
https://www.mhc.tn.gov.in/judis
