E.Vignesh Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.Nos.6622, 6680 and 6615 of 2022

1. E.Vignesh Kumar ... Petitioner in Crl.O.P.No.6622 of 2022.

2. M. Venkada Arjun ... Petitioner in Crl.O.P.No.6680 of 2022.

3. A.Aldrin ... Petitioner in Crl.O.P.No.6615 of 2022.

Vs.

The Inspector of Police, Kodampakkam Police Station, Kodampakkam, Chennai.

... Respondent in all Crl.OPs PRAYER in Crl.O.P.No.6622 of 2022 This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent The Inspector of Police, Kodampakkam Police Station, Kodampakkam, Chennai to register a case based on the complaint dated 25.02.2022, CSR No.61/2022 dated 07.03.2022. PRAYER in Crl.O.P.No.6680 of 2022 This Criminal Original Petition filed under Section 482 of Cr.P.C.,to direct the Inspector of Police, Kodambakkam Police Station, Kodampakkam, Chennai to register a case based on the complaint dated 07.03.2022, CSR No.63/2022 and file an FIR.

PRAYER in Crl.O.P.No.6615 of 2022 This Criminal Original Petition filed under Section 482 of Cr.P.C.,to direct the Inspector of Police, Kodambakkam Police Station, Kodampakkam, Chennai to register a case based on the complaint dated 07.03.2022, CSR No.62/2022.

For Petitioners in all Crl.OPs : Mr.K.Elangovan For Respondent in all Crl.OPs : Mr.A.Gokulakrishnan, Additional Public Prosecutor.

C O M M O N O R D E R Since the issue involved in the present Criminal Original Petitions are one and the same they are disposed of by way of this Common Order.

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2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted in CSR No.61/2022 in Crl.O.P.No.6622 of , CSR No.63/2022 in Crl.O.P.No.6680/2022 , CSR No.62/2022 in Crl.O.P.No.6615/2022 the same have been closed by the respondent police.

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor 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 any direction for registration of FIR. High Court can intervene only in extraordinary circumstances and rare cases. It is for the petitioners to pursue their right as per Code.

5. With the above direction, these Criminal Original Petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rap To

1. The Inspector of Police, Kodampakkam Police Staion, Kodampakkam, Chennai.

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

Crl.O.P.No.6622 of 2022 skm(CO) A.SK(01/07/2022) https://hcservices.ecourts.gov.in/hcservices/