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Madras High CourtCRL OP/7408/2022closed

M.Jayakumar v. The Superintendent Of Police (North)

2022-06-15Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.7408 OF 2022 M.Jayakumar ... Petitioner Vs.

1. The Superintendent of Police (North), U.T. of Puducherry.

2. The Inspector of Police, Grand Bazar Police Station, Nehru Street, Pondicherry.

... Respondents Prayer:

This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the 2nd respondent to register the case on petitioner's complaint dated 12.03.2022. For Petitioner : Mr.K.S.Ilangovan For Respondents: Mr.V.Balamurugane Additional Public Prosecutor (Pondicherry)

ORDER

The Criminal Original Petition has been filed seeking to direct the second respondent to register the case, based on the petitioner's complaint dated 12.03.2022.

2. Mr.V.Balamurugane, learned Additional Public Prosecutor (Pondicherry) submitted that the enquiry has been conducted and the same has been closed on 14.04.2022.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Pondicherry) for the respondents.

4. The Division Bench of this Court in G.Prabhakaran v. The https://hcservices.ecourts.gov.in/hcservices/

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 //True Copy// Sub Assistant Registrar ham/rgi To

1. The Superintendent of Police (North), U.T. of Puducherry.

2. The Inspector of Police, Grand Bazar Police Station, Nehru Street, Pondicherry.

3. The Public Prosecutor,(Puducherry) High Court of Madras.

+1cc to Mr.Achari & Antoni Associates, Advocate, S.R.No.36645 Crl.O.P.No.7408 of 2022 PL(CO) PM/07/07/2022 https://hcservices.ecourts.gov.in/hcservices/