Madras High Court
P.Vijayakumar vs The State Rep. By on 3 January, 2023
Crl.O.P.No.32338 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.32338 of 2022
P.Vijayakumar ... Petitioner
Vs.
1.The State Rep. by
The Commissioner of Police,
Avadi, Chennai.
2.The State Rep. by
The Inpector of Police (crime)
Thiruverkadu Police Station,
Chennai. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the respondent to register the case in FIR based on the petitioner's
complaint dated 05.07.2022.
For Petitioner : Mr.V.Venakatesan
For Respondents : Mr.S.Santhosh,
Government Advocate (crl.side)
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Crl.O.P.No.32338 of 2022
ORDER
This Criminal Original Petition has been filed to direct the respondent
to register the case in FIR based on the petitioner's complaint dated 05.07.2022.
2. The learned counsel appearing for the petitioner submitted that the
petitioner had entered into an agreement with one Bosco Arulraj for the supply
country hen eggs. The petitioner paid a sum of Rs.10,00,000/- to the Bosco
Arulraj. After the receipt of the money, the said Bocso Arulraj neither supplied
eggs nor returned the money. 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 05.07.2022 from
the petitioner, the second respondent police had conducted enquiry in
C.No.1010/COP-Visitors/Camp/2022 and it has been transfered to T5
Thiruverkadu Police Station.
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
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32338 of 2022
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,
Investigating officer 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.
03.01.2023
shk
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32338 of 2022
G.CHANDRASEKHARAN,J.
shk
To
1.The Commissioner of Police,
Avadi, Chennai.
2.The Inpector of Police (crime)
Thiruverkadu Police Station,
Chennai.
3. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.32338 of 2022
4.The Inspector of Police,
T5, Thiruverkadu Police Station,
Chennai.
03.01.2023
https://www.mhc.tn.gov.in/judis
