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Madras High CourtWP/23600/2024dismissed

K.Arunachalam v. The Superintendent Of Police,

2025-09-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.Crl.No.23600 of 2024 and WMP.Nos.25815 of 2024 & 8243 of 2025 P.Ramamurthy .. Petitioner

Versus

1. The Superintendent of Police Thiruvannamalai District, Thiruvannamalai.

2. The Deputy Superintendent of Police Thiruvannamalai Division, Thiruvannamalai District.

3. The Inspector of Police District Crime Branch, Thiruvannamalai.

4.The Inspector of Police Land Grabbing Special Cell, Thiruvannamalai.

5.Karunanithi 6.P.Balamurugan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to conduct an enquiry based on the complaint given by the petitioner and register the case against the 5th and 6th respondents and others and take action according to law 1/4

For Petitioner : Mr.D.Rajagopal For Respondents : Mr.K.M.D.Muhilan for R1 to R4 Additional Public Prosecutor

ORDER

This writ petition has been filed directing the respondents 1 to 4 to conduct an enquiry based on the complaint given by the petitioner and register the case against the 5th and 6th respondents and others and take action according to law

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 to 4 and perused the materials placed on record.

3. 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 remedy as per Code.

4.With the above direction, this Criminal Original Petition stands 2/4

dismissed. No costs. Consequently, connected miscellaneous petition in WMP.No.25815 of 2024 stands closed.

5. Since, the main writ petition itself is dismissed, WMP.No.8243 of 2025 filed to implead the petitioner as a party respondent in the writ petition also stands closed.

01.09.2025 dhk Index :Yes/No Internet :Yes/No To

1. The Superintendent of Police Thiruvannamalai District, Thiruvannamalai.

2. The Deputy Superintendent of Police Thiruvannamalai Division, Thiruvannamalai District.

3. The Inspector of Police District Crime Branch, Thiruvannamalai.

4.The Inspector of Police Land Grabbing Special Cell, Thiruvannamalai.

N.SATHISH KUMAR, J.

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dhk W.P.No.23600 of 2024 01.09.2025 4/4