Madras High Court
Sundar @ Sundarrajan vs The Inspector Of Police on 3 January, 2023
Crl.O.P.No.32330 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.32330 of 2022
Sundar @ Sundarrajan ... Petitioner
Vs.
The Inspector of Police,
Law & Order,
Vepery Police Station,
Vepery, Chennai. ... Respondent
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the respondent police to register a case on the basis of the petitioner's
complaint dated 29.11.2022.
For Petitioner : Mr.G.Jeremiah
For Respondent : Mr.S.Santhosh,
Government Advocate (crl.side)
ORDER
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32330 of 2022
This Criminal Original Petition has been filed to direct the respondent
to register the case based on the petitioner's complaint dated 29.11.2022.
2. The learned counsel appearing for the petitioner submitted that
though the petitioner gave a complaint with regard to landlord tenant dispute,
no action has been taken by the respondent. Hence, the present petition has
been filed.
3. The learned Government Advocate (Crl.Side) appearing for the
respondent submitted that, after the receipt of complaint dated 29.11.2022 from
the petitioner, the respondent police had conducted enquiry in CSR No.604 of
2022 and it is pending.
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
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Crl.O.P.No.32330 of 2022
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 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.
03.01.2023
shk
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32330 of 2022
G.CHANDRASEKHARAN,J.
shk
To
1.The Inspector of Police,
Law & Order,
Vepery Police Station,
Vepery, Chennai.
2. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.32330 of 2022
03.01.2023
https://www.mhc.tn.gov.in/judis
