A.Mohan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NOS.8652 & 8655 OF 2022 A.Mohan ... Petitioner in Crl.O.P.No.8652 of 2022 Ranganayagi ... Petitioner in Crl.O.P.No.8655 of 2022 Vs.

1. The Commissioner of Police, Chennai City, Forgery Wing (CCB), Commissioners Office Chennai, E.V.K. Sampath Road, Veperry,

2. The Assistant Commissioner of Police, St. Thomas Mount Range, St. Thomas Mount Police Station, Chennai - 600 016.

3. The Inspector of Police, Forgery Wing (CCB), Team - V, Veperry, ... Respondents in both Crl.O.P.Nos.

Prayer in Crl.O.P.No.8652 of 2022: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the Inspector of Police, Forgery Wing (CCB), Team - V, Veperry, Chennai - 600 007 police to register complaint dated 17.12.2021. Prayer in Crl.O.P.No.8655 of 2022: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the Inspector of Police, Forgery Wing (CCB), Team - V, Veperry, Chennai - 600 007 police to register complaint dated 07.01.2022. In both Crl.O.P.Nos.

For Petitioners : Mr.C.D.Johnson For Respondents : Mr.N.Muthuvel Government Advocate (Crl.Side)

COMMON ORDER These Criminal Original Petitions have been filed seeking to direct the 3rd respondent Police to register the complaint, based on the petitioners' complaints dated 17.12.2021 & 07.01.2022 respectively.

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

3. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondents.

4. In such view of the matter, liberty is given to the petitioners to workout their 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 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 petitioners to pursue their right as per Code.

5. With the above direction, these Criminal Original Petitions are closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ham/rgi To

1. The Commissioner of Police, Chennai City, Forgery Wing (CCB), Commissioners Office Chennai, E.V.K. Sampath Road, Veperry,

2. The Assistant Commissioner of Police, St. Thomas Mount Range, St. Thomas Mount Police Station, Chennai - 600 016.

3. The Inspector of Police, Forgery Wing (CCB), Team - V, Veperry,

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.Nos.8652 & 8655 of 2022 PL(CO) RLP(27/06/2022)