Radha v. The Commissioner 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.5264 of 2022 Radha ... Petitioner Vs.

1. The Commissioner of Police, Commissionerate Office, Vepery, Chennai.

2. The Deputy Commissioner of Police, DC Office T.Nagar, Chennai.

3. The Inspector of Police, R2 Kodambakkam Police Station, Chennai ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the third respondent police to register the FIR on the basis of the petitioner's complaint dated 16.12.2021.

For Petitioner :

Mr.M.J.Nissar Ahmed For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the third respondent police to register the FIR on the basis of the petitioner's complaint dated 16.12.2021.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted and closed by the respondent police.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 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 intrevene 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 shk/nr To

1. The Commissioner of Police, Commissionerate Office, Vepery, Chennai.

2. The Deputy Commissioner of Police, DC Office T.Nagar, Chennai.

3. The Inspector of Police, R2 Kodambakkam Police Station, Chennai

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

Crl.O.P.No.5264 of 2022 PL (CO) PR (27/06/2022) https://hcservices.ecourts.gov.in/hcservices/