V.M.Venkateswaran v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM V.M.Venkateswaran ... Petitioner Vs.

1.State by the Deputy Superintendent of Police, Thiruvallur District.

2.The Inspector of Police, Kanakkama Chatram Police Station, Thiruvallur District.

... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to register the case based on the petitioner's complaint dated 03.06.2022.

For Petitioner : Mr.R.Ramesh For Respondents : Mr.S.Santhosh, Government Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the respondents to register the case based on the petitioner's complaint dated 03.06.2022.

2. The learned counsel appearing for the petitioner submitted that though the petitioner gave a complaint against one Krishnan on 03.06.2022, the second respondent police has not registered a case till now. Therefore, the second respondent police may be directed to register the case, based on the compliant given by the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that, after receipt of complaint dated 03.06.2022 from the petitioner, the second respondent police conducted enquiry and it is pending for further investigation.

4. I have considered the matter in the light of the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

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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 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 second respondent police is bound to register the FIR otherwise they may close the complaint. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this Criminal Original Petition is disposed of.

17.10.2022 Internet:Yes/No shk 3/4

V.SIVAGNANAM ,J.

shk To 1.The Deputy Superintendent of Police, Thiruvallur District.

2.The Inspector of Police, Kanakkama Chatram Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court of Madras.

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