Madras High Court
A.Arasu vs The Director General Of Police on 2 January, 2023
W.P.No.34852 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P. No. 34852 of 2022
A.Arasu ... Petitioner
Vs.
1. The Director General of Police,
Tamil Nadu,
Office of the Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore, Chennai - 600 004.
2. The Superintendent of Police,
Chengalpattu District,
Chengalpattu Town - 603 001.
3. The Inspector of Police,
Kalpakkam Police Station,
Thirukalukundram Taluk,
Chengalpattu District.
4. Elango
5. Venkatesan
6. Danasekaran
7. Selvi
8. Danabagyam
9. Kalai
10. Amudha ...Respondents
https://www.mhc.tn.gov.in/judis
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Page 1 of 6
W.P.No.34852 of 2022
PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
pleased to pass an order of Interim Direction, directing the 2nd Respondent
to consider the petitioner's representation dated 28.11.2022 to enquire about
the personal involvement of the 4 and 5 Respondents for using their official
influence against the petitioner about the disposed counter complaint in
C.S.R.No.64 of 2022 dated 17.05.2022 on the file of the All Women Police
Station, Mahabalipuram and also directing to made enquiry for the
petitioner's online complaint dated 31.03.2022 in Reference No.RTA
22055095, CCTNS - Citizens Portal, Tamil Nadu Police.
For Petitioner : Mr.R.Anbalagan
For R1 to R3 : Mr.S.Santhosh
Government Advocate (Crl.Side)
ORDER
The Writ Petition has been filed to direct the 2nd Respondent to
consider the petitioner's representation dated 28.11.2022 to enquire about
the personal involvement of the 4 and 5 Respondents for using their official
influence against the petitioner about the disposed counter complaint in
C.S.R.No.64 of 2022 dated 17.05.2022 on the file of the All Women Police
Station, Mahabalipuram and also directing to made enquiry for the
petitioner's online complaint dated 31.03.2022 in Reference No.RTA
22055095, CCTNS - Citizens Portal, Tamil Nadu Police.
https://www.mhc.tn.gov.in/judis
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W.P.No.34852 of 2022
2. The learned counsel for the petitioner submitted that there was
matrimonial dispute between the petitioner and his third wife by name Jothi.
Based on which, the petitioner lodged a complaint against her wife and
others through online on 31.03.2022, for which, acknowledgment was
received from the respondent police in Reference No. RTA 22055095,
CCTNS - Citizens Portal. However, no First Information Report was
registered in this regard. Therefore, he represented the complaint to the
Superintendent of Police, Cuddalore District on 23.11.20222. Even
thereafter, no action was taken. He further apprehends that the respondents 4
& 5, who are relatives of the petitioner's wife are influencing the 3rd
respondent police. Therefore, the present petition is filed.
3. The learned Government Advocate (Crl. Side) submitted that on the
basis of the complaint given by the petitioner, enquiry is pending in Current
Paper No.646 of 2022. On the basis of the complaint given to the All
Women Police Station, Mahabalipuram by the petitioner's wife, enquiry was
conducted in C.S.R.No.64 of 2022 and the same was closed, since it was a
matrimonial dispute. Again, on the basis of the complaint given by the
petitioner's wife before the Superintendent of Police, Cuddalore District,
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W.P.No.34852 of 2022
enquiry is pending in C.S.R.No.01 of 2023.
4. 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 pending and not been 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 today.
5. With the above directions, this Writ Petition is disposed of.
02.01.2023
Index :Yes/No
Internet:Yes/No
https://www.mhc.tn.gov.in/judis
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W.P.No.34852 of 2022
Sma
To
1. The Director General of Police,
Tamil Nadu,
Office of the Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore, Chennai - 600 004.
2. The Superintendent of Police,
Chengalpattu District,
Chengalpattu Town - 603 001.
3. The Inspector of Police,
Kalpakkam Police Station,
Thirukalukundram Taluk,
Chengalpattu District.
4. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
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W.P.No.34852 of 2022
G.CHANDRASEKHARAN, J.
Sma
W.P. No. 34852 of 2022
02.01.2023
https://www.mhc.tn.gov.in/judis
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