Madras High Court
V.Natesan vs The Commissioner Of Police on 3 January, 2023
Crl.O.P.No.32597 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.32597 of 2022
V.Natesan ... Petitioner
Vs.
1.The Commissioner of Police,
Office of the Avadi Commissioner of Police,
Avadi,
Chennai.
2.The Inspector of Police,
Poondhamalle Police Station (Crime)
Poondhamalle,
Chennai. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the second respondent police to register the complaint of the petitioner
dated 24.08.2022 as per CSR No.1290 of 2022.
For Petitioner : Mr.S.Srinivasan
For Respondents : Mr.S.Santhosh,
Government Advocate (crl.side)
https://www.mhc.tn.gov.in/judis
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Crl.O.P.No.32597 of 2022
ORDER
This Criminal Original Petition has been filed to direct the second
respondent police to register the complaint of the petitioner dated 24.08.2022.
2. The learned counsel appearing for the petitioner submitted that the
petitioner's mother settled the property in favour of the petitioner through
settlement deed dated 24.12.2018. Thereafter, the petitioner executed power of
attorney in favour of one Prasanth on 11.01.2019 for developing the property.
Without the knowledge of the petitioner, the said prasanth paid a sum of
Rs.46,00,000/- to one Manoharan by misusing the power of attorney.
Subsequently, the said Prasanth demanded a sum of Rs.46,00,000/- from the
petitioner. When the same was questioned by the petitioner, the said Prasanth
threatened the petitioner that he will sell the property. Therefore, the petitioner
gave a complaint before the second respondent police. However, no effective
steps have been taken. Hence, this petition has been filed.
3. The learned Government Advocate (Crl.Side) appearing for the
respondents submitted that, after receipt of complaint dated 24.08.2022 from
the petitioner, the second respondent police had conducted enquiry in CSR
No.1290 of 2022 and it is pending.
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Crl.O.P.No.32597 of 2022
4. Heard the learned counsel for the petitioner and the learned
Government Advocate (crl.side) for the respondents.
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 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 second 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.
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Crl.O.P.No.32597 of 2022
6. With the above directions, this Criminal Original Petition is
disposed of.
03.01.2023
Internet:Yes/No
Index:Yes/No
Speaking/Non speaking order
shk
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32597 of 2022
To
1.The Commissioner of Police,
Office of the Avadi Commissioner of Police,
Avadi,
Chennai.
2.The Inspector of Police,
Poondhamalle Police Station (Crime)
Poondhamalle,
Chennai.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32597 of 2022
G.CHANDRASEKHARAN,J.
shk
Crl.O.P.No.32597 of 2022
03.01.2023
https://www.mhc.tn.gov.in/judis
