Sachithanatham v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.10455 of 2022 Sachithanatham ... Petitioner Vs

1. The Superintendent of Police Cuddalore District Cuddalore.

2. The Inspector of Police District Crime Branch Cuddalore District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to register the petitioner's complaint dated 10/3/2022 and to investigate and to file final report.

For Petitioner ...

Mr.T.Gnana Banu For Respondents ...

Mr.A. Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to register the petitioner's complaint dated 10/3/2022.

2. Heard Mr.T.Gnana Babu, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents.

3. The main allegation of the petitioner is that the respondents Police have not taken any valuable action on his complaint dated 10/3/2022.

4. Today,when the matter is taken up for hearing, Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted and closed, as the dispute between the parties is civil in nature. https://hcservices.ecourts.gov.in/hcservices/

5. 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.

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

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mvs.

To

1. The Superintendent of Police Cuddalore District Cuddalore.

2. The Inspector of Police District Crime Branch Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Gnana Banu, Advocate, S.R.No.35002 Crl. O.P. No.10455 of 2022 SSI(CO) SB(05/07/2022) https://hcservices.ecourts.gov.in/hcservices/