Madras High CourtCRL OP/9515/2022closed

L.N.Chandrasekaran v. Commissioner 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.9515 of 2022 L.N.Chandrasekaran ... Petitioner Vs.

1. The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai - 600 007.

2. The Inspector of Police, EDF-I wing Team-I, Central Crime Branch, Vepery, Chennai - 600 007.

... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to issue direction directing the respondents herein to register the case on the petitioner's complaint dated 12.02.2022 and to investigate the same in accordance with law. For Petitioner : Mr.M.Guruprasad 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 case on the basis of the petitioner's complaint dated 12.02.2022 and to investigate the same.

2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted in C.No.15/CCB/COP/Visitors/2022 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 Commissioner of Police, Thanjavur, reported in (2018) 2 LW Crl 489 and the Hon'ble Supreme Court in its latest judgment https://hcservices.ecourts.gov.in/hcservices/

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 II) //True Copy// Sub Assistant Registrar ham/rgi To

1. The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai - 600 007.

2. The Inspector of Police, EDF-I wing Team-I, Central Crime Branch, Vepery, Chennai - 600 007.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Guruprasad, Advocate, S.R.No.36224 Crl.O.P.No.9515 of 2022 AD[co] NSK/23/06/2022 https://hcservices.ecourts.gov.in/hcservices/