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Madras High CourtCRL OP/10250/2022closed

K.Arumugam v. The 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.10250 of 2022 K.Arumugam ... Petitioner Vs.

1. The Commissioner of Police, Salem, Salem District.

2. The Inspector of Police, Attur Rural Police Station, Salem District.

... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the 2nd respondent to Register the complaint of the petitioner dated 05.04.2022 and investigate the same in accordance with law.

For Petitioner : Mr.A.Ramesh For R1& R2 : Mr.N.Muthuvel Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent to Register the complaint of the petitioner dated 05.04.2022 and investigate the same in accordance with law.

2. Mr.N.Muthuvel, learned Government Advocate (Crl. Side) appearing for the respondent police 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 respondent police.

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4. In such view of the matter, liberty is given to the petitioner to workout his remedy as per law. 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 right as per Code.

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

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar rgi/ham To

1. The Commissioner of Police, Salem, Salem District.

2. The Inspector of Police, Attur Rural Police Station, Salem District.

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.10250 of 2022 NR(CO) UMA(23/06/2022) https://hcservices.ecourts.gov.in/hcservices/