Vidhyasagar vs State Represented By
2023 Latest Caselaw 1238 Mad

                                                                                    Crl.O.P.No.1880 of 2023



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 31.01.2023

                                                             CORAM

                        THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                   Crl.O.P.No.1880 of 2023

                Vidhyasagar                                                         ... Petitioner
                                                              Vs.

                State represented by,
                The Inspector of Police (Crime),
                T-6 Peerkankaranai Police Station,
                Chennai.                                                            ... Respondent

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

                direct the respondent Police to register a case based of the petitioner's complaint

                dated 14.01.2023 in a stipulated time.

                                            For Petitioner     : Mr.P.Prince Premkumar
                                            For Respondent     : Mr.S.Santhosh,
                                                                 Government Advocate (Crl.Side)

                                                             ORDER

This Criminal Original Petition has been filed to direct the respondent

to register the First Information Report on the basis of the petitioner's complaint

dated 14.01.2023.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1880 of 2023

2. Learned counsel appearing for the petitioner submitted that the

petitioner has gave a sum of Rs,14,50,000/- to one Jagajothi and his wife

Thavamani for purchase of house near Pammal. The said Jagajothi and

Thavamani neither procurred the house nor repaid the amount. Therefore, the

petitioner gave a complaint to the respondent against them on 14.01.2023 and

since no action has been taken, the present petition has been filed.

3. Learned Government Advocate (Crl.Side) appearing for the

respondent submitted that, after receipt of complaint dated 14.01.2023 from the

petitioner, the respondent police has conducted enquiry in C.S.R.No.84 of 2023

and it is pending for further investigation.

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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1880 of 2023

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 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.

31.01.2023

ham Index: Yes/No Speaking/Non speaking order Neutral Citation Case: Yes/No

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1880 of 2023

G.CHANDRASEKHARAN,J.

ham

To

1. The Inspector of Police (Crime), T-6 Peerkankaranai Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.1880 of 2023

31.01.2023

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