Madras High Court
M/S. Manapuram Finance Limited vs The Superintendent Of Police on 14 June, 2022
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
Crl.OP.No.1226 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.1226 of 2022
M/s. Manapuram Finance Limited,
Building No.26, 1st Floor, R.C. Complex,
Near Jos Alukkas, Above Aircel, Katpadi Road,
Thottapalayam, Vellore – 632004,
Rep by its Authorized Signatory,
Mr.M.Maniaarasan ... Petitioner
Vs.
1. The Superintendent of Police,
Vellore.
2. The Inspector of Police,
Vellore North, Police Station,
Vellore. ... Respondents
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
pass an order of direction, to direct the respondents police to Register a Case on
the basis of the complaint given by the petitioner dated 15.11.2021 against the
above said person named in the complaint and investigate into the matter.
For Petitioner : M/S.K.Sathiya
For Respondents : Mr.A.Gokulakrishnan,
Additional Public Prosecutor.
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https://www.mhc.tn.gov.in/judis
Crl.OP.No.1226 of 2022
ORDER
This Criminal Original Petition has been filed seeking for a direction to the respondents police to Register a Case on the basis of the complaint given by the petitioner dated 15.11.2021 against the above said person named in the complaint and investigate into the matter.
2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents would submit that based on the complaint given by the petitioner, enquiry has been conducted and the same is pending on the file of the second respondent police.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.
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 2/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.1226 of 2022 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. Such exercise shall be completed within a period of two weeks from today.
5. With the above directions, this Criminal Original Petition is disposed of.
14.06.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order shk/nr/sha 3/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.1226 of 2022 N.SATHISH KUMAR,J.
shk/nr/sha To
1. The Superintendent of Police, Vellore.
2.The Inspector of Police, Vellore North, Police Station, Vellore.
3. The Public Prosecutor, High Court of Madras, Chennai.
Crl.O.P.No.1226 of 2022
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