C.Vinoj Kumar v. Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.3956 of 2022 C.Vinoj Kumar ... Petitioner Vs.

1. The Deputy Commissioner of Police Ambattur Range, Avadi, Chennai.

2. The Inspector of Police, Korattur Police Station, Chennai.

... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the 2nd respondent herein to register a case on the petitioner's complaint dated 09.07.2021 received in CSR.No.488 of 2021.

For Petitioner : Mr.S.V.Karthikeyan For Respondents: Mr.N.Muthuvel Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition has been filed seeking to direct the second respondent to register the complaint, on the basis of the petitioner's complaint dated 09.07.2021.

2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted in C.S.R.No.488 of 2021 and the same has been closed on 09.07.2021.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents.

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

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-IX) //True Copy// Sub Assistant Registrar ham/rgi To

1. The Deputy Commissioner of Police Ambattur Range, Avadi, Chennai.

2. The Inspector of Police, Korattur Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.3956 of 2022 MG(CO) SB(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/