R.Krishnamurthy v. The Superintendent 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.No.9032 of 2022 R.Krishnamurthy ... Petitioner Vs.
1. The Superintendent of Police, Cuddalore District , Cuddalore.
2. The Inspector Of Police, District Crime Branch, Cuddalore District ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the 2nd respondent police to register the petitioner's complaint dated 16.04.2021 and to investigate the matter in accordance with law. For Petitioner : Mr.T.Gnana Banu 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 complaint, on the basis of the petitioner's complaint dated 16.04.2021 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.
3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) 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 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 right as per Code.
5. With the above direction, this Criminal Original Petition is closed.
Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar ham/rgi To
1. The Superintendent of Police, Cuddalore District , Cuddalore.
2. The Inspector Of Police, District Crime Branch, Cuddalore District
3. The Public Prosecutor, High Court of Madras.
+1cc to Mr.T.Gnana Banu, Advocate SR.No.35974 Crl.O.P.No.9032 of 2022 MG(CO) GMY(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/