J.Panneerselvam vs The State Of Tamil Nadu
2023 Latest Caselaw 890 Mad

                                                                              Crl.O.P.No.1275 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 23.01.2023

                                                          CORAM:

                         THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                   Crl.O.P.No.1275 of 2023

                J.Panneerselvam                                                  ...Petitioner

                                                             Vs.

                1.The State of Tamil Nadu,
                  Represented by the Commissioner of Police
                     (Crime Branch),
                  E.V.K.Sampath Salai,
                  Veppary,
                  Chennai – 600 007.

                2.The Inspector of Police,
                  K5, Police Station,
                  Peravallur,
                  Chennai – 600 082.                                         ...Respondents

                PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
                to direct the 2nd respondent police to file F.I.R. based on the complaint of the
                petitioner dated 13.12.2022 and 19.12.2022 respectively.

                                  For Petitioner     : Mr.R.Malaichamy

                                  For Respondents : Mr.S.Santhosh
                                                   Government Advocate (Criminal side)

                                                          ORDER

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1275 of 2023

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

respondent police to file First Information Report based on the complaint of

the petitioner dated 13.12.2022 and 19.12.2022 respectively.

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

borrowed money from one G.Kumaresan. At the time of borrowal, the

petitioner's pension book, ATM card and ten unfilled cheques were secured by

the said G.Kumaresan, as security. Petitioner had almost repaid the amount.

Despite paying the money, the said G.Kumaresan is demanding exorbitant

interest and threatening the petitioner to commit suicide. In this regard, a

complaint dated 13.12.2022 was given. So far, no First Information Report is

registered. Therefore, this petition.

3. In response, learned Government Advocate (Criminal side) submitted

that the issue between the parties relates to monitory transaction. Both the

parties have given a written statement stating that, they would resolve the

dispute before the Court. Therefore, the complaint was closed.

4. Considered the rival submissions and perused the records.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1275 of 2023

5. The perusal of the letter said to have given by the petitioner only says

that, there is a difference between the amount borrowed and amount

demanded by G.Kumaresan and the petitioner wanted to resolve the issue

before this Court. It is not, as if, he wanted to settle the dispute before Civil

Court. Therefore, closure of the complaint without conducting enquiry is not

appropriate.

6. 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 was inappropriately closed, the

Investigation officer is directed to issue notice to the parties and conduct a

fresh 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)].

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1275 of 2023

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.

7. Therefore, this Court directs the respondent police to conduct proper

enquiry, on the basis of the complaint given by the petitioner and take

appropriate action in the manner known to law.

8. With the above direction, this Criminal Original Petition is disposed.

                                                                                         23.01.2023

                Internet    :Yes
                Index :Yes/No

                gd





https://www.mhc.tn.gov.in/judis
                                                              Crl.O.P.No.1275 of 2023

                To:

                1.The State of Tamil Nadu,

Represented by the Commissioner of Police (Crime Branch), E.V.K.Sampath Salai, Veppary, Chennai – 600 007.

2.The Inspector of Police, K5, Police Station, Peravallur, Chennai – 600 082.

3.The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.1275 of 2023

G.CHANDRASEKHARAN, J.

gd

Crl.O.P.No.1275 of 2023

23.01.2023

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