Madras High Court
N.Vijayakumar vs The Superintendent Of Police on 3 January, 2023
Crl.O.P.No.32305 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.32305 of 2022
N.Vijayakumar ... Petitioner
Vs.
1.The Superintendent of Police,
Salem District,
Office at Nethimedu,
Salem, Salem District.
2.The Inspector of Police,
Valapadi Police Station,
Attur Main Road, Valapady,
Salem District. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the second respondent to register and investigate the complaint of the
petitioner dated 05.09.2022 on the file of the second respondent.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.S.Santhosh,
Government Advocate (crl.side)
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Crl.O.P.No.32305 of 2022
ORDER
This Criminal Original Petition has been filed to direct the second
respondent to register the case based on the petitioner's complaint dated
05.09.2022.
2. The learned counsel appearing for the petitioner submitted that the
accused one Sulaiman and his henchmen had trespassed into the petitioner's
land and with help of JCB, had cut the Teak Wood trees and damaged the
standing crops in the land. In this regard, the petitioner gave a complaint before
the second respondent, however, no action has been taken. Hence, the present
petition has been filed.
3. The learned Government Advocate (Crl.Side) appearing for the
respondents submitted that the complaint of the petitioner dated 05.09.2022 is
not available with the respondents. If fresh complaint is given, the respondents
police will take action in accordance with law.
4. Heard the learned counsel for the petitioner and the learned
Government Advocate (crl.side) for the respondent.
5. Since the complaint of the petitioner dated 05.09.2022 is not
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Crl.O.P.No.32305 of 2022
available with the respondents, the petitioner is directed to give a fresh
complaint before the respondents. On such complaint, the respondents are
directed to follow the due process of law.
6. 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. If the enquiry is pending,
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.
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Crl.O.P.No.32305 of 2022
G.CHANDRASEKHARAN,J.
shk
7. With the above directions, this Criminal Original Petition is
disposed of.
03.01.2023
shk
To
1.The Superintendent of Police,
Salem District,
Office at Nethimedu,
Salem, Salem District.
2.The Inspector of Police,
Valapadi Police Station,
Attur Main Road, Valapady,
Salem District.
3. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.32305 of 2022
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