Mariappan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.10060 of 2022 Mariappan ... Petitioner Vs.

The State, Represented by Inspector of Police, Vadaponparappi Police Station, Kallakurichi District.

... Respondent PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to pass an order of direction, directing the 1st respondent to register the petitioner's complaint dated 11.02.2022 issued in CSR No.73/2022 by the 1st respondent/Vadaponparappi Police Station, Kallakurichi District. For Petitioner : Ms.S.Harshitha For Respondent : Mr.N.Muthuvel Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to pass an order of direction, directing the 1st respondent to register the petitioner's complaint dated 11.02.2022 issued in CSR No.73/2022 by the 1st respondent/Vadaponparappi Police Station, Kallakurichi District.

2. Mr.N.Muthuvel, learned Government Advocate for the respondent 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 respondent police.

3. Heard the learned counsel for the petitioner and the learned Government Advocate 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 https://hcservices.ecourts.gov.in/hcservices/

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(CO) //True copy// Sub Assistant Registrar ham/mtl To

1. The Inspector of Police, Vadaponparappi Police Station, Kallakurichi District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Ms.S.Harshitha, Advocate SR.No.35764 Crl.O.P.No.10060 of 2022 GPL(CO) GMY(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/