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Madras High CourtCRL OP/1281/2022closed

P.Rajagopal v. The State Rep By

2022-06-14Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.1281 of 2022 P.Rajagopal ... Petitioner Vs.

1. State by The Superintendent Police, Office of the S.P.

Villupuram District, Villupuram.

2. The Additional Superintendent of Police, Office of A.D.S.P.

S.P.Office Campus Villupuram District, Villupuram.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to register the petitioner complaint dated 08.11.2021.

For Petitioner : Mr.P.Thirumalai For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to register the petitioner complaint dated 08.11.2021.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted and the same has been closed by the respondent Police on 26.11.2021.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. https://hcservices.ecourts.gov.in/hcservices/

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. It is for the petitioner to pursue his right as per Code.

5. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar rap To

1. The Superintendent Police, Office of the S.P.

Villupuram District, Villupuram.

2. The Additional Superintendent of Police, Office of A.D.S.P.

S.P.Office Campus Villupuram District, Villupuram.

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

+1cc to Mr.P.Thirumalai, Advocate, S.R.No.36334 Crl.O.P.No.1281 of 2022 PA[co] NSK/29/06/2022 https://hcservices.ecourts.gov.in/hcservices/