S.P.S.Nathan @ Amrutheeswaranathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.800 of 2022 S.P.S.Nathan @ Amrutheeswaranathan ... Petitioner Vs.

1. The State, Rep. By the Superintendent of Police, Tirunallar District.

Puducherry State.

2. The State Rep. By its Inspector of Police, Tirunallar, Karaikkal District, Puducherry State.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents to register FIR on the petitioner's complaint dated 23.03.2021.

For Petitioner : Mr.R.Kamaraj For Respondents : Mr.V.Balamurugane, Additional Public Prosecutor (Pondicherry)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondents to register FIR on the petitioner's complaint dated 23.03.2021.

2. Mr.V.Balamurugane, learned Additional Public Prosecutor (Pondicherry) submitted that the enquiry has been conducted and the same has been closed on 21.03.2021.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Pondicherry) for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

4.In such view of the matter, liberty is given to the petitioner to workout his remedy as per law. 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-VII) //True Copy// Sub Assistant Registrar shk/nr To

1. The Superintendent of Police, Tirunallar District.

Puducherry State.

2. The Inspector of Police, Tirunallar, Karaikkal District, Puducherry State.

3. The Public Prosecutor (Pondicherry), High Court of Madras, Chennai.

+1cc to Mr.R.Kamaraj, Advocate, S.R.No.35204 Crl.O.P.No.800 of 2022 SSD(CO) UMA(05/07/2022) https://hcservices.ecourts.gov.in/hcservices/