Marimuthu … vs The Commissioner Of Police
2023 Latest Caselaw 560 Mad

                                                                              W.P.No.643 of 2023

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 10.01.2023
                                                   CORAM

                           THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

                                               W.P.No.643 of 2023

                Marimuthu                               …Petitioner

                                                       Vs.

                1.The Commissioner of Police,
                  Salem City.

                2.State represented by Inspector of Police,
                  Central Crime Branch,
                  Salem.

                3.A.Magudesan                                 …Respondents

                PRAYER: Writ Petition is filed under Article 226 of the Constitution of
                India, to issue Writ of Mandamus, directing the second respondent not to
                interfere with the civil dispute between petitioner and the third respondent.

                                  For Petitioner    : Mr.J.Franklin
                                  For Respondents : Mr.S.Santhosh (For R1 & R2)
                                                Government Advocate (Crl side)




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                                                                               W.P.No.643 of 2023

                                                     ORDER

This Writ Petition has been filed to direct the second respondent not

to interfere with the civil dispute between petitioner and the third

respondent.

2.The learned counsel for the petitioner submitted that

petitioner borrowed a sum of Rs.9,00,000/- from the third respondent on the

basis of promissory note. Third respondent had given a complaint against

the petitioner seeking the money. The transaction between the petitioner and

third respondent is purely civil in nature. However, on the basis of the

complaint given by the third respondent, the second respondent had issued

notice to the petitioner for enquiry. Respondent Police is not entitled to

enquire a civil dispute. Thus, this petition.

3.The learned Government Advocate (Criminal side) submitted

that third respondent had given a complaint to the second respondent against

the petitioner alleging that petitioner had cheated third respondent. On the

basis of the complaint, C.S.R.No.28 of 2022 is pending.

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W.P.No.643 of 2023

4.Heard the learned counsel for the petitioner and the learned

Government Advocate (Criminal side) for the respondents.

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.

6.In view of the fact that enquiry is pending, it is directed that 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 copy of

this order.

7.With the above directions, this Writ Petition is disposed of.

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W.P.No.643 of 2023

10.01.2023

ep Index:Yes/No Speaking Order: Yes/No

G.CHANDRASEKHARAN.J.,

ep

To

1.The Commissioner of Police, Salem City.

2.State represented by Inspector of Police, Central Crime Branch, Salem.

2.The Public Prosecutor High Court of Madras.

W.P.No.643 of 2023

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W.P.No.643 of 2023

10.01.2023

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