G.Rajalakshmi v. The Commissioner Of Police, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.6347 OF 2022

1. G.Rajalakshmi

2. G.Karthick ... Petitioners Vs.

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2. State represented by The Inspector of Police, K-11, Koyembedu Police Station, Chennai 600 107.

3. Sucharitha Madanagopal

4. L.Kaviyarasan

5. H.Ramakrishnan

6. The Inspector of Police, Central Crime Branch, O/o.The Commissioner of Police, Vepery, Egmore, Chennai 600 007.

(R6 impleaded as per order in Crl.M.P.No.4278/2022 in Crl.O.P.No.6347/2022 dated 05.04.2022) ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 & 2 herein, to register the complaint dated 07.05.2021, 19.10.2021 and further complaint dated 26.10.2021 given by the petitioners to the first respondent Commissioner of Police, Greater Chennai, Vepery, Chennai 7.

For Petitioners :

Mr.A.M.Packianathan Easter For Respondents :

Mr.A.Gokulakrishnan for R1, R2 & R6, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondents 1 & 2 herein, to register the complaint dated 07.05.2021, 19.10.2021 and further complaint dated 26.10.2021 given by the petitioners to the first respondent Commissioner of Police, Greater Chennai, Vepery, Chennai 7.

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

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents 1, 2 & 6.

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-V) //True Copy// Sub Assistant Registrar shk/nr

To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2. The Inspector of Police, K-11, Koyembedu Police Station, Chennai 600 107.

3. The Inspector of Police, Central Crime Branch, O/o.The Commissioner of Police, Vepery, Egmore, Chennai 600 007.

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

+1cc to M/s.A.M.Packianathan Easter, Advocate, S.R.No.34778 +2ccs to M/s.A.M.Packianathan Easter, Advocate, S.R.No.34778 (29/06/2022) Crl.O.P.No.6347 of 2022 JPL(CO) RLP(23/06/2022)