A.Bakkiyalakshmi vs The State Rep By
2022 Latest Caselaw 10176 Mad

                                                                           Crl.O.P.No.8844 of 2022



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 15.06.2022

                                                      CORAM

                            THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                            Crl.O.P.No.8844 of 2022

                A.Bakkiyalakshmi                                            ... Petitioner
                                                        Vs.


                The State rep by
                The Inspector of Police,
                All Women Police Station,
                Ennore, Chennai - 600 057.                                  ... Respondent


                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondent police to register FIR on the complaint dated
                20.01.2021 lodge by the petitioner and investigate and take action on the
                complaint given by the petitioner within a stipulated time fixed by this Hon'ble
                Court.


                                     For Petitioner    : Ms.Samanta and Ston
                                     For Respondent    : Mr.N.Muthuvel
                                                         Government Advocate (Criminal Side)




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https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.8844 of 2022



                                                          ORDER

This Criminal Original Petition has been filed to direct the respondent

police to register FIR on the complaint dated 20.01.2021 lodge by the petitioner

and investigate and take action on the complaint given by the petitioner within a

stipulated time fixed by this Hon'ble Court.

2. Mr.N.Muthuvel, learned Government Advocate 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

Government Advocate 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8844 of 2022

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.

15.06.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order

ham/mtl

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8844 of 2022

N.SATHISH KUMAR,J.

ham/mtl

To

The State rep by The Inspector of Police, All Women Police Station, Ennore, Chennai - 600 057.

Crl.O.P.No.8844 of 2022

15.06.2022

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