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Madras High CourtCRL OP/5392/2022closed

T.Subramani v. The Superintendent Of Police

2022-06-14Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.5392 of 2022 T.Subramani ... Petitioner Vs.

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

2. The Inspector of Police, Attaiyampatti Police Station, Attaiyampatti,Salem District.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd respondent Police to register the case on the complaint given by the petitioner dated 05.12.2021 and file an FIR.

For Petitioner : Mr.K.C.Karl Marx 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 2nd respondent Police to register the case on the complaint given by the petitioner dated 05.12.2021 and file an FIR.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted in C.No.GI/E/1853499/2022 dated 13.01.2022 and the same has been closed on 17.04.2022.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

4. The Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl https://hcservices.ecourts.gov.in/hcservices/

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 IV) True Copy// Sub Assistant Registrar rap To

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

2. The Inspector of Police, Attaiyampatti Police Station, Attaiyampatti,Salem District.

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

+1cc to Mr.K.C.Karl Marx, Advocate, S.R.No.35236 Crl.O.P.No.5392 of 2022 PA[co] NSK/29/06/2022 https://hcservices.ecourts.gov.in/hcservices/