K.Al-Ahmin vs The Sub - Inspector Of Police
2023 Latest Caselaw 1239 Mad

                                                                             Crl.O.P.No.1867 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.1867 of 2023

                K.Al-Ahmin                                                   ... Petitioner

                                                         Vs.

                1. The Sub - Inspector of Police,
                   Urulayanpettai Police Station,
                   Pondicherry.

                2. The Superintendent of Police,
                   South Sub-Division Superintendent Office,
                   Pondicherry.

                3. S.Malathy

                4. Selvamuthu                                                ... Respondents

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

                direct the first respondent to register First Information Report as per the

                petitioner's complaint dated 09.12.2022 given to the respondents, pending on

                the file of the respondents.

                                     For Petitioner       : Mr.D.S.Ramesh
                                     For R1 & R2          : Mr.K.S.Mohan Doss,
                                                            Public Prosecutor, Puducherry


                1/4
https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.1867 of 2023



                                                         ORDER

This Criminal Original Petition has been filed to direct the second

respondent to register the First Information Report on the basis of the

petitioner's complaint dated 09.12.2022.

2. Learned counsel appearing for the petitioner submitted that

petitioner's wife one Bharathi already married one Veerapandi and divorced him

and through her first marriage, she has got two sons namely Simon and Bison.

They were entrusted to the third and fourth respondents for upbringing and for

the said purpose, a sum of Rs.11,00,000/- was given to them. He further

submitted that instead of using the money for the maintenance of children, the

respondents 3 & 4 have purchased the property in favour of the fourth

respondent. When the petitioner demanded the money, they refused to return

the money, therefore, the petitioner gave a complaint to the respondent Police

against the respondent 3 & 4 on 09.12.2022 and since no action has been taken,

the present petition has been filed.

3. Learned Public Prosecutor, Puducherry appearing for the

respondent Police submitted that, after receipt of complaint dated 09.12.2022

from the petitioner, the first respondent police have conducted enquiry and it is

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1867 of 2023

pending for further investigation.

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

Prosecutor, Puducherry for the respondent 1 & 2.

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 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.

G.CHANDRASEKHARAN,J.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1867 of 2023

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

To

1. The Superintendent of Police, South Sub-Division Superintendent Office, Pondicherry.

2. The Sub - Inspector of Police, Urulayanpettai Police Station, Pondicherry.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.1867 of 2023

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