Madras High CourtCRL OP/15210/2022disposed of

Pandiarajan v. State By

2022-07-04Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Pandiarajan ... Petitioner Vs.

State by:

The Inspector of Police, C-3, Manimangalam Police Station Kancheepuram & District.

..Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C praying to direct the respondent to register an FIR on the basis of the petitioner's complaint dated 17.09.2021, investigate the same and proceed with the same as per law in compliance with the direction dated 16.02.2022 issued by the learned Judicial Magistrate II, Tambaram in C.M.P.No.400 of 2022. For Petitioner : Mr.M.Marimahesh For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has beento direct the respondent to register an FIR on the basis of the petitioner's complaint dated 17.09.2021, investigate the same as per the direction of the learned Judicial Magistrate II, Tambaram in C.M.P.No.400 of 2022 dated 16.02.2022.

2. It is the grievance of the petitioner that despite the order of the learned Judicial Magistrate II, Tambaram in C.M.P.No.400 of 2022 dated 16.02.2022 passed under Section 156(3) of Cr.P.C to conduct investigation and file a report as early as possible, the respondent police has not complied with till date.

3. Learned Additional Public Prosecutor appearing for the respondent would submit that the respondent police will comply with the order within a period of three weeks.

4. Heard the learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondent.

5. 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 2/4

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 Offier 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 three weeks from today.

6. With the above direction, this Criminal Original Petition stands disposed of.

04.07.2022 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No shk/nr N. SATHISH KUMAR,J.

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shk/nr To 1.The Inspector of Police, C-3, Manimangalam Police Station Kancheepuram & District.

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

04.07.2022 4/4