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Madras High CourtCRL OP/7948/2022closed

V.Palanirajan v. Inspector 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.7948 OF 2022 V.Palanirajan ... Petitioner Vs.

The Inspector of Police, Sankagiri Police Station, Salem - 637 303.

... Respondent PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to register the case based on the complaint given by the petitioner dated on 22.01.2022.

For Petitioner :

Mr.S.Mohammed Madhar Moideen For Respondent :

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 second respondent to register the case based on the complaint given by the petitioner dated on 22.01.2022.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted in C.S.R.No.160/2022 dated 16.04.2022 and the same has been closed on 23.04.2022.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.In such view of the matter, liberty is given to the petitioner to workout his remedy as per law. The Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, https://hcservices.ecourts.gov.in/hcservices/

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-V) //True Copy// Sub Assistant Registrar rap To

1. The Inspector of Police, Sankagiri Police Station, Salem - 637 303.

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

Crl.O.P.No.7948 of 2022 PL(CO) RLP(28/06/2022) https://hcservices.ecourts.gov.in/hcservices/