Mylsamy v. The Superintendent 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.4460 OF 2022 Mylsamy ... Petitioner Vs.
1. The Superintendent of Police, District Crime Branch, Coimbatore - 18.
2. The Inspector of Police, District Crime Branch, Coimbatore.
... Respondents Prayer:
This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the second respondent to register an FIR pursuant the complaint given by the petitioner dated 29.01.2022.
For Petitioner : Mr.V.Sairam For Respondents: Mr.N.Muthuvel Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed seeking to direct the second respondent to register the FIR based on the petitioner's complaint dated 29.01.2022.
2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted in C.No.80/DSPALGSC/CBE-DIST/2022 and the same has been closed on 09.04.2022.
3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents. https://hcservices.ecourts.gov.in/hcservices/
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(CS VIII) //True Copy// Sub Assistant Registrar ham/rgi To
1. The Superintendent of Police, District Crime Branch, Coimbatore - 18.
2. The Inspector of Police, District Crime Branch, Coimbatore.
3. The Public Prosecutor, High Court of Madras.
Crl.O.P.No.4460 of 2022 SKM(CO) PM/06/07/2022 https://hcservices.ecourts.gov.in/hcservices/