Mariya Prakasam vs The Commissioner Of Police
2022 Latest Caselaw 10092 Mad

                                                                            Crl.O.P.No.5149 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.5149 of 2022

                Mariya Prakasam                                             ... Petitioner
                                                           Vs.

                1.The Commissioner of Police,
                  Office of the Commissioner,
                  Veppery,
                  Chennai-600 007.

                2.The Inspector of Police
                  E-2, Royapettah Police Station,
                  Royapettah,
                  Chennai-600 014.                                          ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                praying, to direct the 2nd respondent police to register the FIR against the
                accused person on the basis of complaint dated 04.01.2022 given by the
                petitioner to the 2nd respondent herein.

                                     For Petitioner    : Mr.V.Balamurugan

                                     For Respondents : Mr.A.Gokulakrishnan for R1 and R2
                                                      Additional Public Prosecutor.




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https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.No.5149 of 2022



                                                        ORDER

This Criminal Original Petition has been filed to direct the 2 nd

respondent police to register the FIR against the accused person on the basis of

complaint dated 04.01.2022 given by the petitioner to the 2nd respondent herein.

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 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.5149 of 2022

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

nr/shk

https://www.mhc.tn.gov.in/judis Crl.O.P.No.5149 of 2022

N.SATHISH KUMAR,J.

nr/shk

To

1.The Commissioner of Police, Office of the Commissioner, Veppery, Chennai-600 007.

2.The Inspector of Police E-2, Royapettah Police Station, Royapettah, Chennai-600 014.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.5149 of 2022

14.06.2022

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