K.P.Karunanidhi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.7991 of 2022 K.P.Karunanidhi ... Petitioner Vs.

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

2.The Inspector of Police, Kandamangalam Police Station, Villupuram District.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to register the FIR based on the complaint of the petitioner dated 19.01.2022 and to file a final report within a stipulated time. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the second respondent to register the FIR based on the complaint of the petitioner dated 19.01.2022 and to file a final report within a stipulated time.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted and the same has been closed by the second respondent.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4. The Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl https://hcservices.ecourts.gov.in/hcservices/

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 remedy as per Code.

5. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar shk/nr To 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Kandamangalam Police Station, Villupuram District.

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

+1 cc to Mr. C.Prabakaran, Advocate Sr.NO. 39909 Crl.O.P.No.7991 of 2022 SJ(CO) A.SK(05/07/2022) https://hcservices.ecourts.gov.in/hcservices/