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Madras High CourtCRL OP/9424/2022closed

N.Arunachalam v. The Inspector 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.9424 of 2022 N.Arunachalam ... Petitioner Vs.

State rep.by:

The Inspector of Police, Muthupettai Police Station, Thiruvarur District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to direct the respondent to register a case on the basis of the petitioner complaint dated 25.11.2021 and to investigate the same in accordance with law. For Petitioner : Mr.G.Punniakoti For Respondent : Mr.N.Muthuvel Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition has been filed seeking to direct the respondent to register the case, on the basis of the petitioner's complaint dated 25.11.2021 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 respondent.

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.

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

5. With the above direction, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar ham/rgi To 1.The Inspector of Police, Muthupettai Police Station, Thiruvarur District.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9424 of 2022 SR (CO) PR (24/06/2022) https://hcservices.ecourts.gov.in/hcservices/