V.Kannan vs The Superintendent Of Police ...
2023 Latest Caselaw 828 Mad

                                                                                  Crl.OP.No.1030 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 20.01.2023

                                                            CORAM

                          THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                     Crl.O.P.No.1030 of 2023

                  V.Kannan                                                        ... Petitioner
                                                                   Vs.
                  1. The Superintendent of Police (East),
                     Jawaharlal Nehru Street, Puducherry.

                  2. The Union Territory of Puducherry,
                     Represented by its Station House Officer,
                     Muthiyalpet Police Station,
                     Muthiyalpet, Puducherry.                                    ... Respondents

                  PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                  to direct the 2nd respondent to register the petitioner's complaint dated
                  17.12.2022 and file a FIR.


                                    For Petitioner       : Mr.Dr.A.Thiyagarajan (Senior Advocate)
                                                           for Mr. D.Senthil Kumar

                                    For Respondent       : Mr.V.Balamurugane
                                                           Public Prosecutor for Puducherry




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.1030 of 2023


                                                        ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent

to register the petitioner's complaint dated 17.12.2022 and file a FIR.

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

purchased one mandapam on 22.03.2013 from one Saroja. Relying on the

release deed dated 18.07.2016, executed by her father, Saroja claims the

property from the petitioner. Based on the complaint given by the petitioner, the

District Registrar, Puducherry, canceled the release deed as “Fraudulent

Transaction”. Thereafter, the petitioner lodged a complaint before the

respondent police on 17.12.2022, for creating forged documents. However, till

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

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

respondent submitted that, after the receipt of complaint dated 17.12.2022 from

the petitioner, CSR enquiry is pending.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.1030 of 2023

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

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.1030 of 2023

of.

20.01.2023

Sma

To

1. The Superintendent of Police (East), Jawaharlal Nehru Street, Puducherry.

2. The Union Territory of Puducherry, Represented by its Station House Officer, Muthiyalpet Police Station, Muthiyalpet, Puducherry.

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

G.CHANDRASEKHARAN,J.

https://www.mhc.tn.gov.in/judis Crl.OP.No.1030 of 2023

Sma

Crl.O.P.No.1030 of 2023

20.01.2023

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