Shobana vs The State Rep.By
2022 Latest Caselaw 10109 Mad

                                                                                   Crl.OP.No.7832 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.7832 of 2022

               Shobana                                                         ... Petitioner
                                                            Vs.


               The State rep.by
               The Inspector of Police,
               AWPS Vaniyambadi Police Station,
               Vaniyambadi Taluka,
               Thiruppathur District.                                          ... Respondent

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

               pass an order of direction, to direct the respondent to register the case based on the

               petitioner's complaint dated 04.05.2021 and investigate and file a final report in

               accordance with law.

                                   For Petitioner            : Mr.N.Suriyamuthu

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




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https://www.mhc.tn.gov.in/judis
                                                                               Crl.OP.No.7832 of 2022

                                                      ORDER

This Criminal Original Petition has been filed to direct the respondent to

register the case based on the petitioner's complaint dated 04.05.2021 and

investigate and file a final report.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.7832 of 2022

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

shk/nr/sha

https://www.mhc.tn.gov.in/judis Crl.OP.No.7832 of 2022

N.SATHISH KUMAR,J.

shk/nr To

1. The Inspector of Police, AWPS Vaniyambadi Police Station, Vaniyambadi Taluka, Thiruppathur District.

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

Crl.O.P.No.7832 of 2022

14.06.2022

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