N.Muraliraj vs The Superintendent Of Police
2023 Latest Caselaw 1240 Mad

                                                                            Crl.O.P.No.1865 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.1865 of 2023

                N.Muraliraj                                                 ... Petitioner

                                                         Vs.

                1. The Superintendent of Police,
                   Coimbatore District,
                   Coimbatore – 641 018.

                2. The Inspector of Police,
                   District Crime Branch,
                   Coimbatore – 641 018.                                    ... Respondents

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

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

                the petitioner's complaint dated 19.12.2022 given to the respondents, pending

                on the file of the respondents.

                                     For Petitioner       : Mr.J.Kingsly Solomon
                                     For Respondents      : Mr.S.Santhosh,
                                                            Government Advocate (Crl.Side)




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.1865 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 19.12.2022.

2. Learned counsel appearing for the petitioner submitted that one

Jaisaravana Balaji, college friend of the petitioner gave an idea of start up for

carton box manufacturing and selling business. He further submitted that the

petitioner mortgaged his house and invested a sum of Rs.50,00,000/-. The

business suffered loss and the petitioner is paying the bank loan. In October

2022, the said Jaisaravana Balaji introduced one Rasal. The said Rasal mooted

the idea of online share trading business and they have transacted several lakhs

money through the account of the petitioner. He also submitted that the

petitioner apprehends that they are doing illegal business using the petitioner's

account. Therefore, the petitioner gave a complaint to the respondent against the

said Jaisaravana Balaji and Rasal on 19.12.2022 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 19.12.2022 from the

petitioner, the second respondent police have conducted enquiry in

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1865 of 2023

C.No.P3/7383/3293/22 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

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.1865 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, Coimbatore District.

Coimbatore – 641 018.

2. The Inspector of Police, District Crime Branch, Coimbatore – 641 018.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.1865 of 2023

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