Madras High Court
B.Mani vs The State Rep By on 6 January, 2023
Crl.O.P.No.269 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.269 of 2023
B.Mani
... Petitioner
Vs.
1.The State rep by
The Superintendent of Police,
District Superintendent of Police Office,
Namakkal District.
2.The Inspector of Police,
District Crime Branch,
Namakkal, Namakkal.
... Respondents
PRAYER:
This Criminal Original Petition filed under Section 482 of Cr.P.C., to
direct the second respondent to register the FIR based on the petitioner's
complaint dated 18.11.2022.
For Petitioner : Mr.W.Camyles Gandhi
For Respondents : Mr.S.Santhosh,
Government Advocate (crl.side)
https://www.mhc.tn.gov.in/judis
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Crl.O.P.No.269 of 2023
ORDER
This Criminal Original Petition has been filed to direct the second
respondent to register the FIR based on the petitioner's complaint dated
18.11.2022.
2. The learned counsel for the petitioner submitted that the petitioner
gave a complaint dated 18.11.2022 to the respondent police alleging that the
accused had forged the sale deeds in respect of petitioner's grandfather's
property by impersonating the petitioner's father. Since no action has been
taken, this petition is filed.
3. The learned Government Advocate (Criminal side) submitted that
on the basis of the complaint given by the petitioner, the petition enquiry was
conducted and the same is pending.
4. Heard the learned counsel for the petitioner and the learned
Government Advocate (crl.side) for the respondent.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.269 of 2023
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.
6. With the above directions, this Criminal Original Petition is
disposed of.
06.01.2023
nsa
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.269 of 2023
To
1.The Superintendent of Police,
District Superintendent of Police Office,
Namakkal District.
2.The Inspector of Police,
District Crime Branch,
Namakkal, Namakkal.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.269 of 2023
G.CHANDRASEKHARAN,J.
nsa
Crl.O.P.No.269 of 2023
06.01.2023
https://www.mhc.tn.gov.in/judis
