Hadi Mohammed vs State By The Inspector Of Police
2022 Latest Caselaw 10102 Mad

                                                                                   Crl.OP.No.6880 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.6880 of 2022

               Hadi Mohammed                                                          ...Petitioner
                                                            Vs.

               1. State by the Inspector of Police,
                  V-6, Kolathur Police Station,
                  Kolathur, Chennai-600 099.

               2. Mathi

               3. Sowmiya Latha
               [R2 and R3 impleaded as per order
               in Crl.M.P.No.5103/2022
               in Crl.O.P.No.6880/2022 dated 19.04.2022]                           ... Respondents

               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to
               direct the Respondent police to register a case on the complaint dated 15.03.2022
               given by the petitioner and investigate according to the law.

                                   For Petitioner            : Mr.G.Anbarasu

                                   For R1                    : Mr.A.Gokulakrishnan,
                                                               Additional Public Prosecutor.



               1/5


https://www.mhc.tn.gov.in/judis
                                                                               Crl.OP.No.6880 of 2022


                                                      ORDER

This Criminal Original Petition has been filed to direct the Respondent

police to register a case on the complaint dated 15.03.2022 given by the petitioner.

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

respondent would submit that based on the complaint given by the petitioner,

enquiry has been conducted in C.S.R.No.75 of 2022 and the same is pending on

the file of the first respondent police.

3. Heard the learned counsel for the petitioner and the learned Additional

Public Prosecutor for the first 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.6880 of 2022

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

shk/nr/sha

https://www.mhc.tn.gov.in/judis Crl.OP.No.6880 of 2022

To

1. The Inspector of Police, V-6, Kolathur Police Station, Kolathur, Chennai-600 099.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.6880 of 2022

N.SATHISH KUMAR,J.

shk/nr

Crl.O.P.No.6880 of 2022

14.06.2022

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