Madras High Court
V.Manimegalai vs The Senior Superintendent Of ... on 31 October, 2022
Crl.O.P. No.26079 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.26079 of 2022
V.Manimegalai .. Petitioner
Vs.
1. The Senior Superintendent of Police,
Law and Order, Orleanpet Police Station,
Puducherry 605 005.
2. The Superintendent of Police (North),
Vazhudhavoor Road, Shanmugapuram,
Puducherry 605 009.
3. The Inspector of Police, Mettupalayam Circle,
Puducherry 605 009.
4. The Inspector of Police,
E3, Reddiyarpayalam Police Station,
Villianur Main Road, Orleanpet,
Puducherry 605 010. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to direct the fourth respondent to register the first information report
in pursuant to the petitioner's complaint dated 17.10.2022 on the file of the
fourth respondent.
1/5
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Crl.O.P. No.26079 of 2022
For Petitioner : Mr.R.Nareshkumar
For Respondents : Mr.V.Balamurugane
Public Prosecutor (Pondicheery) I/c.
ORDER
This Criminal Original Petition has been filed to direct the fourth
respondent to register the first information report in pursuant to the
petitioner's complaint dated 17.10.2022 on the file of the fourth respondent.
2. The learned counsel for the petitioner submitted that the petitioner
lodged a complaint against one K.Rajmohan, who obtained hypothecation
loan, by creating tampered and fabricated documents against a lorry bearing
registration No.TN67BE6403, belonging to the petitioner. However, the
fourth respondent has not taken any action. Hence the petition.
3. The learned Government Advocate (Crl.Side) submitted that the
complaint given by the petitioner is availed with the respondent police.
4. The Division Bench of this Court in G.Prabhakaran v. The
Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489 and
https://www.mhc.tn.gov.in/judis
Crl.O.P. No.26079 of 2022
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 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 four weeks from today.
5. In view of the above direction, this Criminal Original Petition is
disposed of.
31.10.2022
Index:Yes/no
mst
https://www.mhc.tn.gov.in/judis
Crl.O.P. No.26079 of 2022
To
1. The Senior Superintendent of Police,
Law and Order, Orleanpet Police Station,
Puducherry 605 005.
2. The Superintendent of Police (North),
Vazhudhavoor Road, Shanmugapuram,
Puducherry 605 009.
3. The Inspector of Police, Mettupalayam Circle,
Puducherry 605 009.
4. The Inspector of Police,
E3, Reddiyarpayalam Police Station,
Villianur Main Road, Orleanpet,
Puducherry 605 010.
5.The Public Prosecutor,
Madras High Court, Chennai-104.
https://www.mhc.tn.gov.in/judis
Crl.O.P. No.26079 of 2022
V.SIVAGNANAM, J.
mst
CRL.O.P No.26079 of 2022
31.10.2022
https://www.mhc.tn.gov.in/judis
