R.Vincent v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.8589 of 2022 R.Vincent

...Petitioner

Vs.

1. State Rep. by The Commissioner of Police, Avadi City Police, Avadi, Chennai.

2. The Deputy Commissioner of Police, Redhills District, Chennai.

3. The Assistant Commissioner of Police, Redhills range,

4. The Inspector of Police, Redhills Police Station (Crime),

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to grant an order of direction, directing the 4th respondent police to register the complaint dated 16.02.2022 on the file of the 4th respondent police and investigates the same in accordance with law.

For Petitioner: Mr.M.D.Ilayaraja For Respondent: Mr.N.Muthuvel Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to grant an order of direction, directing the 4th respondent police to register the complaint dated 16.02.2022 on the file of the 4th respondent police and investigates the same.

2.Mr.N.Muthuvel, learned Government Advocate for the respondents would submit that based on the complaint given by

the petitioner, enquiry has been conducted and the same is pending on the file of the fourth respondent police. 3.Heard the learned counsel for the petitioner and the learned Government Advocate 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 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.

However, taking note of the fact that the complaint is now pending and not been enquired, the Investigation officer is directed to issue notice to the parties and conduct enquiry as directed by the Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)]. If any cognizable offence is made out, the respondent police is bound to register the FIR otherwise they may close the complaint. Such exercise shall be completed within a period of two weeks from today.

5.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ham/mtl To

1. The Commissioner of Police, Avadi City Police, Avadi, Chennai.

2. The Deputy Commissioner of Police, Redhills District, Chennai.

3. The Assistant Commissioner of Police, Redhills range,

4. The Inspector of Police, Redhills Police Station (Crime),

5. The Public Prosecutor High Court, Madras - 104.

Crl.O.P.No.8589 of 2022 RSV(CO) RGA(27/06/2022)