Ramar vs The Superintendent Of Police
2023 Latest Caselaw 254 Mad

                                                                             Crl.OP.No.32669 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.32669 of 2022

                  Ramar                                                            ... Petitioner
                                                              Vs.

                  1. The Superintendent of Police,
                     Cuddalore,
                     Cuddalore District.

                  2. The Deputy Superintendent of Police,
                     Tittagudi,
                     Cuddalore District.

                  3. The Station House Office,
                     Avingudi Police Station,
                     Cuddalore District.                                        ... Respondents

                  PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                  to      direct the respondent to register the petitioner's complaint dated on
                  23.12.2022 and investigate the matter in accordance with law.
                                    For Petitioner              : Mr.K.Karuppaiyamooppanar
                                    For Respondents             : Mr.S.Santhosh
                                                                 Government Advocate(Crl.side)




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.32669 of 2022


                                                       ORDER

This Criminal Original Petition has been filed to register the petitioner's

complaint dated on 23.12.2022 and investigate the matter in accordance with

law.

2. The learned counsel for the petitioner submitted that the petitioner is a

Cooli. While so, one Thirumalaivasan approched the petitioner for loan for a

sum off Rs.10,000/-. Since, the petitioner did not have money, he got the

money from his neighbor/Ramachandran and gave to Thirumalaivasan. Since,

Thirumalaivasan did not returned the money, he had handed over his two-

wheeler to Ramachandran. Thereafter, Thirumalaivasan took the petitioner's

vehicle and kept it in front of his house after taking photographs. Subsequently,

he lodged a complaint against the petitioner for not returning his vehicle. One

Police Constable Mr. Sudhakar on instigation, lodged a false complaint against

the petitioner. Thereafter on 23.12.2022, the petitioner gave a complaint, but till

now, no action was taken. Therefore, present petition is filed.

3. The learned Government Advocate (Crl.Side) appearing for the

respondent submitted that, on receipt of complaint dated 23.12.2022 from the

https://www.mhc.tn.gov.in/judis Crl.OP.No.32669 of 2022

petitioner, the third respondent police have conducted enquiry in CSR.No.477 of

2022 and it is pending for further investigation. He further submitted that the

petitioner is an history sheeter and there are 10 previous cases pending against

the petitioner.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.32669 of 2022

Pradesh and others [2014 (2) SCC (1)]. If any cognizable offence is made out,

the third 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.

04.01.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

Sma

To

1. The Superintendent of Police, Cuddalore,

https://www.mhc.tn.gov.in/judis Crl.OP.No.32669 of 2022

Cuddalore District.

2. The Deputy Superintendent of Police, Tittagudi, Cuddalore District.

3. The Station House Office, Avingudi Police Station, Cuddalore District.

4.The Public Prosecutor, High Court of Madras, Chennai.

G.CHANDRASEKHARAN,J.

Sma

https://www.mhc.tn.gov.in/judis Crl.OP.No.32669 of 2022

Crl.O.P.No.32669 of 2022

04.01.2023

https://www.mhc.tn.gov.in/judis