S.Banumathi vs The Commissioner Of Police
2022 Latest Caselaw 10204 Mad

                                                                            Crl.O.P.No.4761 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.4761 of 2022

                S.Banumathi                                                    ... Petitioner

                                                      Vs.

                1. The Commissioner of Police,
                   Greater Chennai City Police,
                   E.V.K. Sampath Road,
                   Vepery,
                   Chennai – 600 007.

                2. The Deputy Commissioner of Police,
                   Office of the Deputy Commissioner of Police,
                   Adyar Division,
                   Adyar, Chennai – 600 020.

                3. The Assistant Commissioner of Police,
                   Office of the Assistant Commissioner of Police,
                   Neelangarai, Chennai – 600 041.

                4. The Inspector of Police,
                   J8 Neelangarai Police Station,
                   Chennai – 600 041.                                  ... Respondents




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https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.4761 of 2022




                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to direct the respondents Police to register the petitioner's complaint dated
                10.01.2022 and file FIR in accordance with law.


                                     For Petitioner    :   Mr.M.Vijay Anand
                                     For Respondents :     Mr.N.Muthuvel
                                                           Government Advocate (Crl.Side)


                                                      ORDER

The Criminal Original Petition has been filed seeking to direct the

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

10.01.2022.

2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted

that the enquiry has been conducted in C.No.102/DC-CCB II/COP-V/PE/2022

and the same has been closed 28.02.2022.

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

Government Advocate (Crl.Side) for the respondents.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.4761 of 2022

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 only in

extraordinary circumstances and rare cases. It is for the petitioner to pursue her

right as per Code.

5. With the above direction, this Criminal Original Petition is closed.

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.4761 of 2022

N. SATHISH KUMAR, J.

ham/rgi

To

1. The Commissioner of Police, Greater Chennai City Police, E.V.K. Sampath Road, Vepery, Chennai – 600 007.

2. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Adyar Division, Adyar, Chennai – 600 020.

3. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Neelangarai, Chennai – 600 041.

4. The Inspector of Police, J8 Neelangarai Police Station, Chennai – 600 041.

5. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.4761 of 2022

15.06.2022

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