S.Prasanna v. 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.No.9522 of 2022 S.Prasanna

...Petitioner

Vs.

1. The Commissioner of Police, Greater Chennai Police, No.132, Commissioner of Buildings, EVK Sampath Salai,Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, Triplicane, Greater Chennai Police, Wallajah Road,Triplicane, Chennai - 600 005.

3. The Inspector of Police, F-5, Choolaimedu Police Station, Athreyapuram Main Road, Sriramapuram, Gangai Amman Koil Street, Choolaimedu, Chennai - 600 094.

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to direct the respondents to register the complaint of the petitioner dated 21.03.2022 of the petitioner in C.S.R.No.165 of 2022 on the file of the 3rd respondent. For Petitioner : Mr.J.Deliban For Respondents: Mr.N.Muthuvel Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to direct the respondents to register the complaint on the basis of the petitioner's complaint dated 21.03.2022 in C.S.R.No.165 of 2022 on the file of the 3rd respondent.

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. 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(CCC) //True Copy// Sub Assistant Registrar ham/rgi To

1. The Commissioner of Police, Greater Chennai Police, No.132, Commissioner of Buildings, EVK Sampath Salai, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, Triplicane, Greater Chennai Police, Wallajah Road, Triplicane, Chennai - 600 005.

3. The Inspector of Police, F-5, Choolaimedu Police Station, Athreyapuram Main Road, Sriramapuram, Gangai Amman Koil Street, Choolaimedu, Chennai - 600 094.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.J.Deliban, Advocate, S.R.No.36110 Crl.O.P.No.9522 of 2022 NRL(CO) RGA(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/