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Madras High CourtCRL OP/4783/2022closed

Irudhayaraz Jule v. The Superintendent Of Police

2022-06-15Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.4783 of 2022 Iroudhayaraz Jule

...Petitioner

Vs.

1. The Superintendent of Police, CID, Puducherry.

2. The Inspector of Police, CBCID Police Station, Puducherry.

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the 2nd respondent to register the complaint of the petitioner dated 10.06.2020 and file a FIR. For Petitioner : Ms.M.Kalyani For R1 & R2 : Mr.V.Balamurugane Additional Public Prosecutor, Pondicherry

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent to register the complaint of the petitioner dated 10.06.2020 and file an FIR.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, Pondicherry for the respondent.

3.Mr.V.Balamurugane, Additional Public Prosecutor, Pondicherry appearing for the respondent police submitted that the enquiry has been conducted and the same has been disposed on 29.11.2021.

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 https://hcservices.ecourts.gov.in/hcservices/

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 approach the concerned civil Court under Section 340 of Cr.P.C., to work out his remedy. 5.With the above direction, this Criminal Original Petition is closed.

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

1. The Superintendent of Police, CID, Puducherry.

2. The Inspector of Police, CBCID Police Station, Puducherry.

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

Crl.O.P.No.4783 of 2022 NRL(CO) RGA(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/