T.Manickam 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.7813 of 2022 T.Manickam ... Petitioner Vs.
1. The Superintendent of Police, Tiruvannamalai Distrct.
2. The Inspector of Police, K2 Dusi Police Station, Tiruvannamalai District.
... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register the FIR based on the complaint dated 09.03.2022 and to investigate and proceed in accordance with law.
For Petitioner : Mr.D.Kamatchi For Respondent : 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 respondent police to register the FIR based on the complaint dated 09.03.2022 and to investigate and proceed in accordance with law.
2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted in C.S.R.No.106/2022 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 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 https://hcservices.ecourts.gov.in/hcservices/
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, Tiruvannamalai Distrct.
2. The Inspector of Police, K2 Dusi Police Station, Tiruvannamalai District.
3. The Public Prosecutor, High Court of Madras, Chennai.
Crl.O.P.No.7813 of 2022 PL(CO) CT/28/06/2022 https://hcservices.ecourts.gov.in/hcservices/