Denston v. 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.7384 OF 2022 Denston ... Petitioner Vs.
1. The Commissioner of Police, Coimbatore City, Coimbatore - 641 018.
2. The Assistant Commissioner of Police, Coimbatore City, Coimbatore - 641 018.
3. The State represented by, The Inspector of Police, Coimbatore.
... Respondents Prayer:
This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the respondent police to register a case on the basis of the complaint given by the petitioner dated 19.08.2021 against the above said person named in the complaint and investigate into the matter and submit the report to the court.
For Petitioner : Mr.A.Saravanan For Respondents: Mr.N.Muthuvel Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed seeking to direct the respondent Police to register the case, based on the petitioner's complaint dated 19.08.2021 and investigate into the matter.
2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted in C.No.64/ACCCB/CBE City/2021 and the same has been closed on 05.01.2022.
3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) 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 Commissioner 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 Commissioner of Police, Coimbatore City, Coimbatore - 641 018.
2. The Assistant Commissioner of Police, Coimbatore City, Coimbatore - 641 018.
3. The Inspector of Police, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
+1cc to Mr.A.Saravanan, Advocate, S.R.No.35994 Crl.O.P.No.7384 of 2022 MG(CO) PM/23/06/2022