L.Senthilnathan 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.4877 OF 2022 L.Senthilnathan ... Petitioner Vs.

1. The Superintendent of Police, Land Grabbing Division, Head Office, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Commissioner of Police, Office of the Commissioner of Police, Tiruppur - 641 603.

3. The Inspector of Police, Land Grabbing Division, Office of the Commissioner of Police, Tiruppur - 641 603.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 3rd respondent to register the FIR based on the petitioner's complaint dated 29.01.2022. For Petitioner :

Mr.M.Mariappan For Respondents :

Mr.N.Muthuvel Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the 3rd respondent to register the FIR based on the petitioner's complaint dated 29.01.2022.

2. Mr.N.Muthuvel, learned Government Advocate for the respondents would submit that based on the complaint given by the petitioner, enquiry has been conducted and the same is pending on the file of the third respondent police.

3. Heard the learned counsel for the petitioner and the learned Government Advocate 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. However, taking note of the fact that the complaint is now pending and not been enquired, the Investigation officer is directed to issue notice to the parties and conduct enquiry as directed by the Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)]. If any cognizable offence is made out, the respondent police is bound to register the FIR otherwise they may close the complaint. Such exercise shall be completed within a period of two weeks from today.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ham/mtl To

1. The Superintendent of Police, Land Grabbing Division, Head Office, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Commissioner of Police, Office of the Commissioner of Police, Tiruppur - 641 603.

3. The Inspector of Police, Land Grabbing Division, Office of the Commissioner of Police, Tiruppur - 641 603.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.M.Mariappan, Advocate, S.R.No.35575 Crl.O.P.No.4877 of 2022 VG-II(CO) RLP(28/06/2022) https://hcservices.ecourts.gov.in/hcservices/