Kamakchi vs The Superintendent Of Police
2022 Latest Caselaw 10201 Mad

                                                                                  Crl.O.P.No.3064 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.3064 of 2022


                Kamakchi                                                          ... Petitioner

                                                            Vs.

                1. The Superintendent of Police,
                   Chengelpet District,
                   Chengelpet.

                2. The Inspector of Police,
                   Maraimalainagar Police Station,
                   Maraimalainagar,
                   Chengelpet District.                                           ... Respondents

                Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., pleased to
                direct the respondents to register FIR on the basis of the petitioner's complaint
                dated 27.12.2021.


                                      For Petitioner    :     Mr.R.Rajarajan
                                      For Respondents :       Mr.N.Muthuvel
                                                              Government Advocate (Crl.Side)



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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.3064 of 2022

                                                       ORDER

This Criminal Original Petition has been filed seeking for a direction to

the respondents to register FIR on the basis of the petitioner's complaint dated

27.12.2021.

2. When the matter is taken up for hearing, learned Government Advocate

(Crl.Side) appearing for the respondents, on instructions submitted that the case

has been transferred to CCB, Tambaram on point of jurisdiction.

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

Government Advocate (Crl.Side) for the respondents.

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. However, taking note of the fact that the

complaint is pending and not been enquired, the Investigation Officer is directed

https://www.mhc.tn.gov.in/judis Crl.O.P.No.3064 of 2022

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 direction, this Criminal Original Petition stands

disposed of.

15.06.2022

ham/rgi Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

https://www.mhc.tn.gov.in/judis Crl.O.P.No.3064 of 2022

N. SATHISH KUMAR, J.

ham/rgi

To

1. The Superintendent of Police, Chengelpet District.

2. The Inspector of Police, Maraimalainagar Police Station, Maraimalainagar, Chengelpet District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.3064 of 2022

15.06.2022

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