Palaniyammal v. The Superintendent 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.7879 of 2022 Palaniyammal ... Petitioner Vs.

1. The Superintendent of Police, Ariyalur District, Ariyalur.

2. The State Represented by Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd respondent to register FIR on the basis of Petitioner's complaint dated 28.01.2022. For Petitioner :

Mr.C.Prabhu 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 2nd respondent to register FIR on the basis of Petitioner's complaint dated 28.01.2022.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted in C.S.R.No.36/2022 and the same has been closed by the respondent Police.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.In such view of the matter, liberty is given to the petitioner to workout his remedy as per law. The Division Bench https://hcservices.ecourts.gov.in/hcservices/

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(CCC) //True Copy// Sub Assistant Registrar rap To

1. The Superintendent of Police, Ariyalur District, Ariyalur.

2. The Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

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

Crl.O.P.No.7879 of 2022 PMK(CO) UMA(28/06/2022) https://hcservices.ecourts.gov.in/hcservices/