Madras High CourtWP Crl./738/2025dismissed

N.Venkatesan v. The Superintendent Of Police

2025-09-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Anandan ... Petitioner

Versus

1. THE SUPERINTENDENT OF POLICE, Superintendent of police Villurpuram.

2. THE DEPUTY SUPERINTENDENT OF POLICE, Senji kottam office, Genji District.

3. THE ADDITIONAL DEPUTY SUPERINTENDENT OF POLICE Villupuram Saragam, Villupuram District.

4. THE DIRECTOR, Police Director office, Mylorepre, Chennai-04. 5.Vinotha .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's complaint dated 10.06.2024 to take action against the 4th respondent.

For Petitioner : Mr.M.Jaisingh For Respondents : Mr.R.Vinothraja for R1 to R4 Government Advocate (Crl.Side)

ORDER

The petition has been filed directing the respondents 1 to 3 to consider the petitioner's complaint dated 10.06.2024 to take action against the 4th respondent.

2. According to the petitioner, some brass materials have been stolen from his house, in this regard, he has given a complaint on 10.06.2024, however no action has been taken to register the FIR.

3. At the outset, this Court is of the view that the petitioner virtually seeks registration of FIR on the basis of complaint. 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. If at the FIR has not been registered based on his complaint, proper remedy of the petitioner is to proceed under Section

173 of BNSS, 2023.

4. Accordingly, I do not find any merits in this petition and this petition stands dismissed. No costs.

03.09.2025 dhk Index :Yes/No Internet:Yes/No To

1. THE SUPERINTENDENT OF POLICE, Superintendent of police Villurpuram.

2. THE DEPUTY SUPERINTENDENT OF POLICE, Senji kottam office, Genji District.

3. THE ADDITIONAL DEPUTY SUPERINTENDENT OF POLICE Villupuram Saragam, Villupuram District.

4. THE DIRECTOR, Police Director office, Mylorepre, Chennai-04 N. SATHISH KUMAR, J.

dhk 03.09.2025