Rajasekaran vs State By Its on 14 June, 2022

[Cites 3, Cited by 0]

Madras High Court

Rajasekaran vs State By Its on 14 June, 2022

Bench: N.Sathish Kumar

                                                                                   Crl.OP.No.7012 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 14.06.2022

                                                           CORAM

                              THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                                    Crl.O.P.No.7012 of 2022

               Rajasekaran                                                     ... Petitioner
                                                            Vs.

               State by its
               Inspector of Police,
               Valathi Police Station,
               Valathi,
               Villupuram District.                                 ... Respondents
               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               direct the respondent to register a case based on the petitioner's complaint dated

               25.01.2022.

                                   For Petitioner            : Mr.K.G.Senthilkumar

                                   For Respondents           : Mr.A.Gokulakrishnan,
                                                              Additional Public Prosecutor.

                                                          ORDER

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to register a case based on the petitioner's complaint dated 1/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.7012 of 2022 25.01.2022.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted in C.S.R.No.109/2022 dated 25.01.2022 and the same has been closed on 28.01.2022.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4. 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 right as per Code.

2/4

https://www.mhc.tn.gov.in/judis Crl.OP.No.7012 of 2022

5. With the above direction, this Criminal Original Petition is closed.

14.06.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order rap To

1. The Inspector of Police, Valathi Police Station, Valathi, Villupuram District.

3. The Public Prosecutor, High Court of Madras, Chennai.

3/4

https://www.mhc.tn.gov.in/judis Crl.OP.No.7012 of 2022 N.SATHISH KUMAR,J.

rap Crl.O.P.No.7012 of 2022 14.06.2022 4/4 https://www.mhc.tn.gov.in/judis

Unlock Advanced Research with PRISMAI

Madras High Court