M.Karthikeyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.9742 of 2022 M.Karthikeyan ... Petitioner Vs.

State rep by, 1.The Deputy Commissioner of Police, Salem City.

2.The Assistant Commissioner of Police, Annathanapatti Range, Salem City.

3.The Inspector of Police, Annathanapatti Police Station, Salem City.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the third respondent police, The Inspector of Police, Annathanapatti Police Station, Salem City to register a complaint dated 19.03.2022.

For Petitioner : Ms.S.S.Jayanathi For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the third respondent police, The Inspector of Police, Annathanapatti Police Station, Salem City to register a complaint dated 19.03.2022.

2.

Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted and the same has been closed by the third respondent. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 remedy as per Code.

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

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar shk/nr To 1.The Deputy Commissioner of Police, Salem City.

2.The Assistant Commissioner of Police, Annathanapatti Range, Salem City.

3.The Inspector of Police, Annathanapatti Police Station, Salem City.

4.The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P.No.9742 of 2022 NRL(CO) CB(05/07/2022) https://hcservices.ecourts.gov.in/hcservices/