Madras High Court
Vijaya vs The Superintendent Of Police on 4 January, 2023
Crl.O.P.No.32644 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.32644 of 2022
Vijaya ... Petitioner
Vs.
1. The Superintendent of Police,
Krishnagiri,
Krishnagiri District.
2. The Inspector of Police,
C-3, Pochampalli Police Station,
Krishnagiri District ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the respondents to register the case based on the petitioner's complaint
dated 30.09.2022.
For Petitioner : Mr.K.Thiruvengadam
For Respondents : Mr.S.Santhosh,
Government Advocate (crl.side)
ORDER
This Criminal Original Petition has been filed to direct the
respondents to register the case based on the petitioner's complaint dated
30.09.2022.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32644 of 2022
2. The learned counsel for the petitioner submitted that the petitioner
is the owner of the building situated in Survey No.54/15 of Vadamalampatti
village, Pochampalli Taluk, Krishnagiri District. On 26.05.2022 at about
11.00.a.m., one Ranganathan and his son Sathishkumar had unloaded sand in
petitioner's land. Therefore, petitioner gave a compliant before the respondent
police against the Ranganathan and Sathishkumar, for which, the respondent
police registered the First Information Report in Crime No.160 of 2022 for the
offence under Sections 294(b), 323 and 324 of IPC. Aggrieved against the
registration of FIR, on 28.09.2022, the Ranganathan and Sathishkumar along
with 20 others had taken two CCTV cameras, one headlight and two two-
wheelers bearing Reg.No.TN241864 and TN245218. In this regard, a
complaint dated 30.09.2022 was given. But, till now, no FIR was registered.
Therefore, the present petition is filed.
3. In reply, the learned Government Advocate (Crl.Side) appearing
for the respondent submitted that, on the basis of the complaint given by the
petitioner, enquiry is pending in Current Paper.No.391 of 2022.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32644 of 2022
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 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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32644 of 2022
6. With the above directions, this Criminal Original Petition is
disposed of.
04.01.2023
Internet:Yes/No
sma
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32644 of 2022
G.CHANDRASEKHARAN,J.
Sma
To
1. The Superintendent of Police,
Krishnagiri,
Krishnagiri District.
2. The Inspector of Police,
C-3, Pochampalli Police Station,
Krishnagiri District
3. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.32644 of 2022
04.01.2023
https://www.mhc.tn.gov.in/judis
