P.Lakshmi Narasimha Rao v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.Crl. No.768 of 2025 P.Lakshmi Narasimha Rao ... Petitioner Vs.

1.The Director General of Police, Office of the Director General of Police, 2.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai-600 007.

3.The Joint Commissioner of Police, East Zone, Pantheon Road, Kamaleshwaranpet, Egmore, Chennai-600 008.

4.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, 5.The Assistant Commissioner of Police, Law and Order, J4, Kotturpuram Police Station, Kotturpuram, Chennai-600 085.

6.Arulthumulan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to consider the petitioner representation dated 22.06.2025 for to hold an enquiry and protect the petitioner and petitioner property and also take action against the sixth respondent in accordance with the provision of law. For Petitioner :

Mr.V.Nithyanandam For Respondent :

Mr.R.Vinothraja, GA (Crl. Side) Nos.1 to 5

O R D E R

This Writ Petition has been preferred by the petitioner, seeking a direction to the respondents 1 to 5 to consider his representation dated 22.06.2025, for to hold an enquiry and protect him and his property and also to take action against the sixth respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing on behalf of the respondents 1 to 5.

3. The learned counsel for the petitioner submitted that the sixth respondent herein had abused the petitioner in filthy language and threatened him. He further submitted that, in regard to the said issue, the petitioner had

lodged a complaint before the concerned police and a CSR has been issued to the said complaint and thereafter, no action was taken. Since no action was taken on the petitioner's complaint, he made a representation to the respondents on 22.06.2025 but no fruitful results are forthcoming as on date. Hence, the present petition.

4. An overall perusal of the case reveals that it pertains to a dispute between the petitioner and the sixth respondent, who is a private party. This Court has repeatedly emphasized that Constitutional Courts cannot insist upon registration of an FIR as against a private party. 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 respondent police is bound to register the FIR, otherwise, they may close the complaint. If at all, the petitioner is aggrieved by the action of the sixth respondent, he has a remedy to file a private complaint against him.

5. With the above observations, this Writ Petition stands dismissed. There shall be no orders as to costs.

08.09.2025 DP/mkn Index:Yes/No NCC : Yes/No Order : Speaking/Non Speaking To 1.The Director General of Police, Office of the Director General of Police, 2.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai-600 007.

3.The Joint Commissioner of Police, East Zone,

Pantheon Road, Kamaleshwaranpet, Egmore, Chennai-600 008.

4.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, 5.The Assistant Commissioner of Police, Law and Order, J4, Kotturpuram Police Station, Kotturpuram, Chennai-600 085.

6.The Public Prosecutor, Madras High Court.

N.SATHISH KUMAR. J, DP/mkn 08.09.2025