Deeraj Kumar Lakki v. The Commissioner 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.No.6955 of 2022 Deeraj Kumar Lakki

...Petitioner

Vs.

1. The Commissioner of Police, Salem City, City Commissioner Office, Nethimedu, Salem - 636 002.

2. The Inspector of Police, Economic Offences Wing (E.O.W.) Police Station, Salem District.

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to investigate the complaint dated 22.2.2022 and register a case FIR on petitioner's complaint dated 22.02.2022.

For Petitioner : Mr.B.Vasudevan For Respondents : 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 investigate the complaint dated 22.2.2022 and register a case FIR on petitioner's complaint dated 22.02.2022.

2.Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted in C.No.63/DSP/EOW.II/SLM/2022 and the same has been closed on 19.04.2022.

3.Heard the learned counsel for the petitioner and the https://hcservices.ecourts.gov.in/hcservices/

learned Additional Public Prosecutor for the respondents. 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-V) //True Copy// Sub Assistant Registrar rap To

1. The Commissioner of Police, Salem City, City Commissioner Office, Nethimedu, Salem - 636 002.

2. The Inspector of Police, Economic Offences Wing (E.O.W.) Police Station, Salem District.

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

+1cc to M/s.B.Vasudevan, Advocate, S.R.No.38411 Crl.O.P.No.6955 of 2022 RR(CO) RGA(29/06/2022) https://hcservices.ecourts.gov.in/hcservices/