R.Daranipathi 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.6653 of 2022 R.Daranipathi ... Petitioner Vs.

State rep. by The Inspector of Police, R4 Pondy Bazaar Police Station, T.Nagar, Chennai.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent herein i.e., the Inspector of Police R4-Pondy Bazaar Police Station, T.Nagar, Chennai, to register the complaint dated 11.12.2021 lodged by the petitioner. For Petitioner : Mr.G.Saravanakumar For Respondent : 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 respondent herein i.e., the Inspector of Police R4-Pondy Bazaar Police Station, T.Nagar, Chennai, to register the complaint dated 11.12.2021 lodged by the petitioner.

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.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

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

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 IX) //True Copy// Sub Assistant Registrar rap To

1. The Inspector of Police, R4 Pondy Bazaar Police Station, T.Nagar, Chennai.

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

+1cc to Mr.G.Saravanakumar, Advocate, S.R.No.35244 Crl.O.P.No.6653 of 2022 RLD(CO) CT/27/06/2022 https://hcservices.ecourts.gov.in/hcservices/