E.Saravanan vs The Commissioner Of Police
2023 Latest Caselaw 1089 Mad

                                                                                   Crl.OP.No.1483 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 27.01.2023

                                                            CORAM

                          THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                     Crl.O.P.No.1483 of 2023

                  E.Saravanan                                                            ... Petitioner
                                                                   Vs.
                  1. The Commissioner of Police,
                     Office of Avadi Commissionerate,
                     Avadi, Chennai – 54.

                  2. The Inspector of Police,
                     Anti-Land Grabbing Cell,
                     Avadi, Chennai – 54.                                               ... Respondents

                  PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                  directing the respondents to register the case against the named persons
                  specified in the complaint of the petitioner dated 07.11.2022 pending with the
                  second respondent.
                                    For Petitioner                : Ms.H.Kalpana
                                    For Respondents               : Mr.S.Santhosh
                                                                    Govt. Advocate (Crl.Side)

                                                           ORDER

This Criminal Original Petition has been filed to direct the respondents to

register the case against the named persons specified in the complaint of the

petitioner dated 07.11.2022 pending with the second respondent.

https://www.mhc.tn.gov.in/judis Crl.OP.No.1483 of 2023

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

the managing / founding Trustee of “Hare Krishna Seva Trust”. The accused in

the complaint dated 07.11.2022 are Jayabal, Vengatesan, Venkataraman,

Subramaniyan, Vignesh, Eagambaram, Subramani and Kodeeswaran had

conspired together and created the documents to show that the petitioner is

removed from managing trusteeship of Hare Krishna Seva Trust by

impersonation and forging the documents. Despite giving the complaint in this

regard, no F.I.R. was registered so far.

3. Learned Government Advocate appearing for the respondents

submitted that the petitioner complaint is now forwarded to Anti-Land

Grabbing Cell, CCB, Chennai. They would enquire the matter and take

appropriate action.

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

Government Advocate (crl.side) for the respondent.

5. 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.OP.No.1483 of 2023

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 is now being 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 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

the date of receipt of a copy of this order.

6. With the above directions, this Criminal Original Petition is disposed

of.

27.01.2023

Index : Yes / No Speaking / Non Speaking order Neutral Citation Case: Yes/No rap/sma

https://www.mhc.tn.gov.in/judis Crl.OP.No.1483 of 2023

To

1. The Commissioner of Police, Office of Avadi Commissionerate, Avadi, Chennai – 54.

2. The Inspector of Police, Anti-Land Grabbing Cell, Avadi, Chennai – 54.

3.The Public Prosecutor, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis Crl.OP.No.1483 of 2023

G.CHANDRASEKHARAN,J.

rap

Crl.O.P.No.1483 of 2023

27.01.2023

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