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Madras High CourtCRL OP/8532/2022closed

Naveen v. The Superintendet Of Police

2022-06-15Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.8532 of 2022 Naveen ... Petitioner Vs.

1. The Superintendent of Police, Dharmapuri District.

2. The Inspector of Police, Land grabbing prevention cell, A.R.Quarters, Dharmapuri District.

... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the 2nd respondent to register the case on the complaint dated 17.03.2022 given by the petitioner and investigate the same.

For Petitioner : Mr.M.Ravi For Respondents: Mr.N.Muthuvel Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to direct the 2nd respondent to register the case, based on the petitioner's complaint dated 17.03.2022 and investigate the same.

2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted and the same has been closed on 20.04.2022.

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 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 https://hcservices.ecourts.gov.in/hcservices/

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-VI) //True Copy// Sub Assistant Registrar ham/rgi To

1. The Superintendent of Police, Dharmapuri District.

2. The Inspector of Police, Land grabbing prevention cell, A.R.Quarters, Dharmapuri District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8532 of 2022 MG(CO) SB(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/