Madras High CourtCRL OP/3621/2022disposed of

M.Balu v. The State Rep.By

2022-06-15Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.3621 OF 2022 M.Balu ... Petitioner Vs.

1. The State Represented by Superintendent of Police, Mayiladuthurai District.

2. The State Represented by Inspector of Police, Vaitheswaran Koil, Sirkali Taluk, Mayiladuthurai District.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents to register the complaint dated 09.10.2021 and 25.10.2021 under the Provisions of Prevention of SC & ST Atrocities Act and its Rules and investigate the matter in accordance with the law. For Petitioner : Mr.S.Arokiamaniraj For Respondents : Mr.N.Muthuvel Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents to register the complaint dated 09.10.2021 and 25.10.2021 under the Provisions of Prevention of SC & ST Atrocities Act and its Rules and investigate the matter.

2. Mr.N.Muthuvel, learned Government Advocate for the respondents would submit that based on the complaint given by the petitioner, enquiry has been conducted and the same is pending on the file of the second respondent police. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

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. However, taking note of the fact that the complaint is now pending and not been 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 today.

5. With the above directions, this Criminal Original Petition is disposed of.

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

1. The Superintendent of Police, Mayiladuthurai District.

2. The Inspector of Police, Vaitheswaran Koil, Sirkali Taluk, Mayiladuthurai District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.3621 of 2022 RSV(CO) RLP(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/