Madras High Court
Mohan vs The Superintendent Of Police on 11 January, 2023
Crl.O.P.Nos.563 & 565 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.Nos.563 & 565 of 2023
In both Crl.O.P's
Mohan ...Petitioner
Vs.
1.The Superintendent of Police
District Police Office,
Ranipettai District.
2.The Inspector of Police
SIPCOT Police Station
Ranipet
Ranipettai District. ...Respondents
Prayer in both Crl.O.P.s : This Criminal Original Petition filed under Section
482 of Cr.P.C., to direct the second respondent to register the case on the
complaints of the petitioner dated 26.07.2022, investigate the same and to file
final report.
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1/6
Crl.O.P.Nos.563 & 565 of 2023
In both Crl.OPs
For Petitioner : Mr.G.Pugazhenthi
For Respondents : Mr.S.Santhosh,
Government Advocate (crl.side)
ORDER
These Criminal Original Petitions have been filed to direct the second
respondent to register the case on the complaints of the petitioner dated
26.07.2022, investigate the same and to file final report.
2. The learned counsel for the petitioner submitted that the petitioner
had taken lease of land from one Bhanumathi and doing chemical business in
the name and style of M/s. Sri Skyline Traders. The petitioner stocked raw
materials and other machenaries worth about Rs.50 lakhs. The land owner
Bhanumathi attempted to forcibly evict the petitioner. Theefore, the petitioner
filed a suit before the District Munsiff Court, Ranipet in O.S.No.17 of 2021.
Pending suit, on 11.08.2021 at about 06.00.a.m., one Real Estate Broker
Sampath along with few Henchmens trespassed into the petitioner's premises
and forcibly attempted to evict the petitioner and threatened with dire
consequences and also damaged the house hold articles worth about
Rs.52,070/-. They also made death threat to the petitioner. In this regard, a
complaint was given on 11.08.2021 before the 2nd respondent police station.
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Crl.O.P.Nos.563 & 565 of 2023
However, no action was taken till now. Again, he sent a complaint on
12.08.2021. While so, on 29.12.2021, at about 12.00 noon, when the
petitioner visited his company, he found that the Door was broken and articles
worth about Rs.1,40,000/- were stolen. Thereafter, he gave a complaint before
the 1st respondent on 01.11.2022. But, it was not received. Therefore, he sent
the complaint to the 2nd respondent police, however, till now, no steps have been
taken. Again on 10.11.2022 at about 05.00.p.m., the accused persons kicked
him and threatened him at knife point and they have also made death threat. In
this regard also complaint was given. Despite several complaints, the respondent
police has not taken any steps till now. Therefore, the present petition is filed.
3. In response, the learned Government Advocate (Crl.Side) appearing
for the respondents submitted that, after receipt of complaint dated 23.10.2021,
FIR in Crime No.534 of 2021 was registered for the offence under Sections
294(b), 447, 323, 506(1), 379 of IPC.
4. However, on perusal of the FIR shows that FIR was registered for
the occurrences that had happened on 11.08.2021 and 10.09.2021, where as
with regard to the incidents happened on 04.06.2022 and 26.07.2022, no FIR
has been registered.
https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.563 & 565 of 2023
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 no FIR is registered on the basis of the complaint dated 04.06.2022
and 26.07.2022, 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 second 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.Nos.563 & 565 of 2023
6. With the above directions, these Criminal Original Petitions are
disposed of.
11.01.2023
sma
To
1.The Superintendent of Police
District Police Office,
Ranipettai District.
2.The Inspector of Police
SIPCOT Police Station
Ranipet
Ranipettai District.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.563 & 565 of 2023
G.CHANDRASEKHARAN,J.
sma
Crl.O.P.Nos.563 & 565 of 2023
11.01.2023
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