N.Asokan 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.7244 of 2022 N.Asokan

...Petitioner

Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, No.132, E.V.K. Sampath Road, Vepery,Chennai - 600 007.

2. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Central Crime Branch, No.132, E.V.K. Sampath Road, Vepery, Chennai - 600 007.

3. The Inspector of Police, EDF-II, Team 3, Central Crime Branch, No.132, E.V.K. Sampath Road, Vepery, Chennai - 600 007.

...Respondents

Prayer:This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the respondents to register the case and investigate the petitioner complaint dated 03.08.2021 in accordance with law.

For Petitioner : Mr.R.Sagadevan For Respondents : Mr.N.Muthuvel Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition has been filed seeking to direct the respondents to register the case, based on the petitioner's complaint dated 03.08.2021 and investigate the same. 2.Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted and the same has been closed.

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

learned Government Advocate (Crl.Side) for the respondents. 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 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, Office of the Commissioner of Police, No.132, E.V.K. Sampath Road, Vepery,Chennai - 600 007.

2. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Central Crime Branch, No.132, E.V.K. Sampath Road, Vepery, Chennai - 600 007.

3. The Inspector of Police, EDF-II, Team 3, Central Crime Branch, No.132, E.V.K. Sampath Road, Vepery, Chennai - 600 007.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Sagadevan, Advocate, S.R.No.35428 Crl.O.P.No.7244 of 2022 PL(CO) RGA(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/