K.Murugesan v. The Inspector 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.9604 of 2022 K.Murugesan ... Petitioner Vs.

1. The Inspector of Police, Anti-Land Grabbing Special Cell, District Police Office, Nethimedu, Salem District.

2. The Superintendent of Police, District Police Office, Nethimedu, Salem District.

3.C.Venkatraman 4.C.Kannan 5.N.Chinnusamy 6.Laksmi 7.V.Seenu 8.V.Selvam 9.Vennila 10.Seetha 11.The above said Laksmi's Brother, Address and Name not known but identified person. 12.N.Neelavathi 13.N.Chandrakumaran 14.N.Narasimman 15.N.Prema 16.N.Ramesh 17.S.Kalaivanan 18.J.Meenachisundaram 19.C.Murugesan 20.A.Ravichandran 21.Shanmugam Nadesan 22.R.Dhanalakshmi 23.V.Kathiravan ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents to registered the FIR based on the complaint dated 01.12.2021 preferred by the petitioner and to investigate the same in accordance with law.

For Petitioner : Mr.V.Kumaresan For Respondents : Mr.N.Muthuvel Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents to registered the FIR based on the complaint dated 01.12.2021 preferred by the petitioner and to investigate the same.

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 first respondent police.

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/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

ham/mtl To

1. The Inspector of Police, Anti-Land Grabbing Special Cell, District Police Office, Nethimedu, Salem District.

2. The Superintendent of Police, District Police Office, Nethimedu, Salem District.

3. The Public Prosecutor, High Court, Madras - 104.

+1cc to Mr.V.Kumaresan, Advocate, S.R.No.35776 Crl.O.P.No.9604 of 2022 RP[co] NSK/27/06/2022