Leelavathi vs The State By
2022 Latest Caselaw 10081 Mad

                                                                                  Crl.OP.No.3517 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.3517 of 2022

               Leelavathi                                                     ... Petitioner
                                                           Vs.

               1. The State by
                  The Inspector of Police,
                  T-6, Avadi Police Station.

               2. The Deputy Commissioner of Police,
                  Office of the Deputy Commissioner of Police,
                  Avadi.                                                     ... Respondents


               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               direct 2nd respondent Police to register an First Information Report on the basis of

               the complaint dated 29.09.2021 & 04.12.2021 vide SR.No.1250/2021 CSR

               No.1602/2021 given by the petitioner.

                                   For Petitioner           : Mr.X.Selvam Sounder
                                   For Respondents                : Mr.A.Gokulakrishnan,
                                                             Additional Public Prosecutor.


                                                        ORDER

https://www.mhc.tn.gov.in/judis Crl.OP.No.3517 of 2022

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct

2nd respondent Police to register an First Information Report on the basis of the

complaint dated 29.09.2021 & 04.12.2021 vide SR.No.1250/2021 CSR

No.1602/2021 given by the petitioner.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted

that the enquiry has been conducted in C.S.R.No.1602/2021 and the same has

been closed by the respondent Police.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.3517 of 2022

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.

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

14.06.2022

Internet : Yes / No Index : Yes / No Speaking / Non Speaking order

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To

1. The Inspector of Police, T-6, Avadi Police Station.

2. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Avadi.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.3517 of 2022

N.SATHISH KUMAR,J.

rap

Crl.O.P.No.3517 of 2022

14.06.2022

https://www.mhc.tn.gov.in/judis