S.Kumar v. The Superintendent 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.7385 of 2022 S.Kumar
...Petitioner
Vs.
1. The Superintendent of Police, Kallakurichi District, Kallakurichi.
2. The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District.
...Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to issue a suitable direction to the 2nd respondent police to register a case on the basis of petitioner's complaint dated 20.01.2022.
For Petitioner : Mr.A.Sasikumar For Respondents: Mr.N.Muthuvel Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed seeking to direct the 2nd respondent Police to register the case, based on the petitioner's complaint dated 20.01.2022. 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 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 Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489 and the Hon'ble https://hcservices.ecourts.gov.in/hcservices/
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-IV) //True Copy// Sub Assistant Registrar ham/rgi To
1. The Superintendent of Police, Kallakurichi District,
2. The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District.
3. The Public Prosecutor, High Court of Madras.
+1cc to Mr.A.Sasikumar, Advocate, S.R.No.36357 Crl.O.P.No.7385 of 2022 SKM(CO) RGA(27/06/2022) https://hcservices.ecourts.gov.in/hcservices/