Divya vs The Commissioner Of Police
2022 Latest Caselaw 10228 Mad

                                                                                   Crl.O.P.No.8753 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.8753 of 2022


                Divya                                                           ... Petitioner
                                                             Vs.

                1. The Commissioner of Police,
                   Greater Chennai Police Commissionerate,
                   Vepery,
                   Chennai.

                2. The Inspector of Police,
                   All Women Police Station,
                   Saidapet, Chennai.                                           ... Respondents


                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to issue suitable direction to the 2nd respondent herein viz., The Inspector of
                Police, All Women Police Station, Saidapet, Chennai to register the petitioner's
                complaint dated 04.04.2022 and file a final report in accordance with law.


                                       For Petitioner    :     Mr.S.Sasikumar
                                       For R1 & R2       :     Mr.N.Muthuvel
                                                               Government Advocate (Crl. Side)


                1/4

https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No.8753 of 2022

                                                        ORDER

This Criminal Original Petition has been filed to direct the 2 nd respondent

herein viz, The Inspector of Police, All Women Police Station, Saidapet,

Chennai to register the petitioner's complaint dated 04.04.2022 and file a final

report in accordance with law.

2. When the matter is taken up for hearing, Mr.N.Muthuvel, learned

Government Advocate (Crl.Side) on instructions submitted that the case has

been transferred to W26, All Women Police Station, Ashok Nagar, Chennai on

point of jurisdiction.

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

Government Advocate (Crl.Side).

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8753 of 2022

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 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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.8753 of 2022

N. SATHISH KUMAR,J.

rgi/ham

To

1. The Commissioner of Police, Greater Chennai Police Commissionerate, Vepery, Chennai.

2. The Inspector of Police, All Women Police Station, Saidapet, Chennai.

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.8753 of 2022

15.06.2022

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