Subramanian v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.4763 of 2022 Subramanian ... Petitioner Vs.

The Inspector of Police, Thalaivasal Police Staion, Salem District.

... Respondent Prayer:

This Criminal Original Petition filed under Section 482 Cr.P.C., Praying to direct the respondent to register a case based on the petitioner's complaint dated 05.02.2022. For Petitioner : Ms.S.Vinodha For Respondent : Mr.N.Muthuvel Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition has been filed seeking to direct the respondent to register the case, based on the petitioner's complaint dated 05.02.2022.

2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted and the same has been closed.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) 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 https://hcservices.ecourts.gov.in/hcservices/

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(CCC) //True Copy// Sub Assistant Registrar ham/rgi To

1. The Inspector of Police, Thalaivasal Police Staion, Salem District.

2. The Public Prosecutor, High Court of Madras.

+1cc to Ms.S.Vinodha, Advocate, S.R.No.36129 Crl.O.P.No.4763 of 2022 PM(CO) CT/27/06/2022 https://hcservices.ecourts.gov.in/hcservices/