The Criminal Original Petition seeking a direction to register an FIR was filed under Section 482 Cr.P.C. relying on earlier precedents. The Court held that High Courts cannot issue directions for FIR registration except in extraordinary circumstances.
The Criminal Original Petition is closed without direction for registration of FIR.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2022
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
Crl.O.P.No.391 of 2022
K.Selvaraj
...Petitioner
Vs.
PRAYER:This Criminal Original Petition filed under Section 482 of Cr.P.C., praying, to direct respondents particularly the Inspector of Police, Villianur Police Station, Puducherry to register an F.I.R on the complaint given by the petitioner on 22.12.2021 to the respondents.
For Petitioner : Mr.K.Balakrishnan
For Respondents : Mr.V.Balamurugane Addl. Public Prosecutor(Pondicherry)
O R D E R
This Criminal Original Petition has been filed to direct the respondents particularly the Inspector of Police, Villianur Police Station, Puducherry to register an F.I.R on the complaint given by the petitioner on 22.12.2021.
2 .Mr.V.Balamurugane, learned Additional Public Prosecutor (Pondicherry) for the respondents would submit that based on the complaint given by the petitioner, enquiry has been conducted and the same has been closed as civil in nature.
3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Pondicherry) 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 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 intrevene only in extraordinary circumstanes and rare cases. It is for the petitioner to pursue his right as per Code.
5.With the above direction, this Criminal Original Petition is closed.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
nr/shk
To
Crl.O.P.No.391 of 2022
PL(CO)
RGA(28/06/2022)
2 issues framed by the court
Whether the High Court can direct the Police to register an FIR on a complaint deemed civil in nature.
Whether a division bench can intervene under Section 482 Cr.P.C. to direct FIR registration when lower authorities have closed the enquiry as civil.
Colour shows how this judgement treated each authority
G. Prabhakaran v. The Superintendent of Police, ThanjavurApplied¶21
(2018) 2 LW Crl 489
M. Subramaniam v. S. JanakiApplied¶21
(2020) 5 CTC 464
Sakiri Vasu's CaseRelied on¶21
Sakiri Vasu's Case
1 provisions across 1 enactments
K. Selvaraj
The Senior Superintendent of Police, Puducherry
The Superintendent of Police (West), Villianur, Puducherry
The Inspector of Police, Villianur police Station, Villianur, Puducherry
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
