J.Samuel Nithya Doss v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR CRL.O.P.NO.4123 OF 2022 J.Samuel Nithya Doss ... Petitioner Vs.

1. The Superintendent of Police, Vellore, Vellore District.

2. The State of Tamil Nadu, Rep. by its Inspector of Police, South Police Station, Vellore.

... Respondents PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent herein to take the complaint dated 18.08.2021 made by the petitioner and register the F.I.R. And investigate the same in accordance with law within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.W.M.Abdul Majeed 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 respondent herein to take the complaint dated 18.08.2021 made by the petitioner and register the F.I.R. And investigate the same in accordance with law within a time frame as may be fixed by this Court.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted in C.S.R.No.487/2021.No.C3/9020/1009/2021 and the same has been closed on 13.12.2021.

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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 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 //True Copy// Sub Assistant Registrar rap To

1. The Superintendent of Police, Vellore, Vellore District.

2. The Inspector of Police, South Police Station, Vellore.

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

+1cc to Mr.W.M.Abdul Majeed, Advocate, S.R.No.35063 Crl.O.P.No.4123 of 2022 PMK(CO) PM/28/06/2022 https://hcservices.ecourts.gov.in/hcservices/