The single judge dismissed a petition seeking directions to the Police to register an FIR. Relying on precedent, the Court held that the High Court cannot interfere with registration of FIRs except in extraordinary circumstances and closed the petition.
None. The petition was closed.
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: 24.06.2022
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
Crl.O.P.No.7991 of 2022
K.P.Karunanidhi ... Petitioner
Vs.
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to register the FIR based on the complaint of the petitioner dated 19.01.2022 and to file a final report within a stipulated time.
For Petitioner : Mr.C.Prabakaran
For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor.
O R D E R
This Criminal Original Petition has been filed seeking for a direction to the second respondent to register the FIR based on the complaint of the petitioner dated 19.01.2022 and to file a final report within a stipulated time.
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 remedy as per Code.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
shk/nr
To
High Court of Madras, Madras.
Crl.O.P.No.7991 of 2022
SJ(CO) A.SK(05/07/2022)
1 issue framed by the court
Whether the High Court can issue a direction for registration of an FIR under Section 482 of Cr.P.C.
Colour shows how this judgement treated each authority
G. Prabhakaran v. The Superintendent of Police, ThanjavurReferred¶17
(2018) 2 LW Crl 489
M. Subramaniam v. S. JanakiRelied on¶19
(2020) 5 CTC 464
1 provisions across 1 enactments
K.P. Karunanidhi
Superintendent of Police, Villupuram District
Inspector of Police, Kandamangalam Police Station
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
