K.Kanagaraj vs State Rep. By The Inspector Of ...
2022 Latest Caselaw 17052 Mad

                                                                             Crl.O.P. No.26078 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.26078 of 2022

                     K.Kanagaraj                                                      .. Petitioner
                                                       Vs.

                     State Rep. by the Inspector of Police,
                     S-6, Police Station, Sankar Nagar,
                     Pammal, Chengalpattu District,
                     Chennai.                               .                       .. Respondent


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

                     praying to direct the respondents to register the case on the complaint given

                     by the petitioner dated 15.06.2022 and proceed with the investigation in

                     accordance with law.



                                      For Petitioner         : Mr.V.Elangovan

                                      For Respondent         : Mr.S.Santhosh
                                                               Gov. Advocate (Crl.Side)




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P. No.26078 of 2022




                                                            ORDER

This Criminal Original Petition has been filed to direct the

respondents to register the case on the complaint given by the petitioner

dated 15.06.2022 and proceed with the investigation in accordance with law.

2. The learned counsel for the petitioner submitted that the petitioner

gave a complaint on 15.06.2022 against A.Palanisamy and J.Salamon to

take action against them under SC/ST Act. However, the respondent police

has not taken any action on the complaint and hence this petition.

3. The learned Government Advocate (Crl.Side) submitted that, on the

complaint given by the petitioner dated 15.06.2022, enquiry was conducted

and it was closed on that date itself. He further submitted that RCS Notice

was also sent to the petitioner/complainant.

https://www.mhc.tn.gov.in/judis Crl.O.P. No.26078 of 2022

4. Heard the counsel for the petitioner and the learned Government

Advocate (Crl.Side) appearing for the respondent.

5. In such view of the matter, liberty is given to the petitioner to

workout his remedy as per law. 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. Therefore, it is for the petitioner to pursue his

right as per Code.

6. With the above direction, this Criminal Original Petition is closed.

31.10.2022

Index:Yes/no mst

https://www.mhc.tn.gov.in/judis Crl.O.P. No.26078 of 2022

To

1. The Inspector of Police, S-6, Police Station, Sankar Nagar, Pammal, Chengalpattu District, Chennai.

2.The Public Prosecutor, Madras High Court, Chennai-104.

https://www.mhc.tn.gov.in/judis Crl.O.P. No.26078 of 2022

V.SIVAGNANAM, J.

mst

CRL.O.P No.26078 of 2022

31.10.2022

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