S.Venkatraj v. The Deputy 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.9495 of 2022 S.Venkatraj
...Petitioner
Vs.
1. The Deputy Superintendent of Police, Namakkal District.
2. The Inspector of Police, Rasipuram Police Station, Namakkal District.
...Respondents
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to direct the respondents to register the FIR on the complaint given by the petitioner dated 21.02.2022 and investigate the same in accordance with law.
For Petitioner : Mr.Ali Hassan Khan 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 FIR on the basis of the petitioner's complaint dated 21.02.2022 and to 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 Commissioner 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 https://hcservices.ecourts.gov.in/hcservices/
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 VII) //True Copy// Sub Assistant Registrar ham/rgi To
1. The Deputy Superintendent of Police, Namakkal District.
2. The Inspector of Police, Rasipuram Police Station, Namakkal District.
3. The Public Prosecutor, High Court of Madras.
+1cc to Mr.Ali Hassan Khan, Advocate, S.R.No.35570 Crl.O.P.No.9495 of 2022 SR(CO) RGA(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/