D.Alamelu 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.9824 OF 2022 D.Alamelu ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Tiruvallur, Tiruvallur District.

2. The Inspector of Police, SIPCOT Police Station, Gummidipoondi, Tiruvallur District.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd respondent, under the supervision of the 1st respondent, to register a FIR against the offenders named in the complaint dated 15.03.2022, presented by the petitioner through a registered post.

For Petitioner :

Mr.S.S.Kumar For Respondents :

Mr.N.Muthuvel Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent, under the supervision of the 1st respondent, to register a FIR against the offenders named in the complaint dated 15.03.2022, presented by the petitioner through a registered post.

2. Mr.N.Muthuvel, learned Government Advocate for the respondents would submit that based on the complaint given by the petitioner, enquiry has been conducted and the same is pending on the file of the second respondent police. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel for the petitioner and the learned Government Advocate 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 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. However, taking note of the fact that the complaint is now pending and not been enquired, the Investigation officer is directed to issue notice to the parties and conduct enquiry as directed by the Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)]. If any cognizable offence is made out, the respondent police is bound to register the FIR otherwise they may close the complaint. Such exercise shall be completed within a period of two weeks from today.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar ham/mtl To

1. The Superintendent of Police, Office of the Superintendent of Police, Tiruvallur, Tiruvallur District.

2. The Inspector of Police, SIPCOT Police Station, Gummidipoondi, Tiruvallur District.

3. The Public Prosecutor, High Court, Madras.

+2ccs to M/s.S.S.Kumar, Advocate, S.R.No.35254 Crl.O.P.No.9824 of 2022 SR-II(CO) RLP(29/06/2022) https://hcservices.ecourts.gov.in/hcservices/