D.Poornima Rangarajan vs The State Rep By
2022 Latest Caselaw 10094 Mad

                                                                                Crl.O.P.No.3054 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.3054 of 2022

                D.Poornima Rangarajan                                           ... Petitioner
                                                             Vs.

                The state rep by
                The Inspector of Police,
                Karamadai Police station,
                Coimbatore District.                                            ... Respondent

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondent herein to register the case of the petitioner's complaint
                dated 21.09.2021 in CSR.No.282 of 2021 on the file of the respondent police
                under appropriate penal provisions of law.

                                          For Petitioner    : Mr.J.Pradeep

                                          For Respondent : Mr.A.Gokulakrishnan
                                                           Additional Public Prosecutor.

                                                           ORDER

This Criminal Original Petition has been filed to direct the

respondent herein to register the case of the petitioner's complaint dated

21.09.2021 in CSR.No.282 of 2021 on the file of the respondent police.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.3054 of 2022

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

the respondent 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 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 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.3054 of 2022

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

To

1.The Inspector of Police, Karamadai Police station, Coimbatore District.

2. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.3054 of 2022

N.SATHISH KUMAR,J.

nr/shk

Crl.O.P.No.3054 of 2022

14.06.2022

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