Bharath v. The Commissioner 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.7478 OF 2022 Bharath ... Petitioner Vs.
1. The Commissioner of Police, Thiruppur District.
2. The Inspector of Police, Central Crime Branch, Thiruppur District.
... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the 2nd respondent to register the FIR on his complaint dated 09.10.2021 within the time stipulated by this Hon'ble Court.
For Petitioner : Mr.P.Sesubalan Raja For Respondents : Mr.N.Muthuvel Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed seeking for a direction to the second respondent police to register the FIR based on the petitioner's complaint dated 09.10.2021.
2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted in C.No.159/CCB/TPR-CITY/2021 and the same has been closed on 01.04.2022.
3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents. https://hcservices.ecourts.gov.in/hcservices/
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, 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-VIII) //True Copy// Sub Assistant Registrar ham/rgi To
1. The Commissioner of Police, Thiruppur District.
2. The Inspector of Police, Central Crime Branch, Thiruppur District.
3. The Public Prosecutor, High Court of Madras.
+1cc to M/s.P.Sesubalan Raja, Advocate, S.R.No.36677 Crl.O.P.No.7478 of 2022 SKM(CO) RLP(27/06/2022) https://hcservices.ecourts.gov.in/hcservices/