D.Roopavathi vs The State Of Tamilnadu Rep. By
2022 Latest Caselaw 10095 Mad

                                                                            Crl.O.P.No.2271 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.2271 of 2022

                D.Roopavathi                                                ... Petitioner
                                                        Vs.

                The state of Tamilnadu rep. by
                The Inspector of Police,
                Uthukottai police Station,
                Uthukottai,
                Thiruvallur District.                                       ... Respondent

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                praying, to direct the respondent to reinvestigate the case and register the
                complaint in accordance with the complaint dated 21.12.2021 preferred by the
                petitioner with regard to offences of cheating, abatement of suicide and
                misappropriation of sale consideration of Rs.11,05,500/- under Section 305,
                403 and 420 of IPC.

                                     For Petitioner    : Mr.T.E.Ekambaram

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




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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.2271 of 2022

                                                          ORDER

This Criminal Original Petition has been filed to direct the respondent

to reinvestigate the case and register the complaint in accordance with the

complaint dated 21.12.2021 preferred by the petitioner with regard to offences

of cheating, abatement of suicide and misappropriation of sale consideration of

Rs.11,05,500/- under Sections 305, 403 and 420 of IPC.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.2271 of 2022

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

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.2271 of 2022

N.SATHISH KUMAR,J.

nr/shk

To

1.The Inspector of Police, Uthukottai police Station, Uthukottai, Thiruvallur District.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.2271 of 2022

14.06.2022

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