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Madras High CourtCRL OP/9150/2022closed

T.Syed Sulaiman v. The Deputy Superintendent 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.9150 of 2022 T.Syed Sulaiman

...Petitioner

Vs.

1. The Deputy Superintendent of Police, Coonoor, Nilgiris District.

2. The Inspector of Police, Coonoor Town Police Station, Nilgiris District.

...Respondents

Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to pass an order, directing the 2nd Respondent to register the case on the basis of the petitioner's complaint dated on 08.04.2022 and direct the 1st respondent to monitor and pass such further or other orders as this Honble Court may deem fit under the circumstances of the case and thus render justice.

For Petitioner : Mr.V.Arul For Respondents : Mr.N.Muthuvel Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition has been filed seeking to direct the second respondent to register the case, on the basis of the petitioner's complaint dated 08.04.2022 and direct the first respondent to monitor 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 26.05.2022.

3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents. https://hcservices.ecourts.gov.in/hcservices/

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. 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 VII) //True Copy// Sub Assistant Registrar ham/rgi To

1. The Deputy Superintendent of Police, Coonoor, Nilgiris District.

2. The Inspector of Police, Coonoor Town Police Station, Nilgiris District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9150 of 2022 SKM(CO) RGA(29/06/2022) https://hcservices.ecourts.gov.in/hcservices/