N.Kannammal vs The Superintendent Of Police
2022 Latest Caselaw 10276 Mad

                                                                                  Crl.O.P.No.7470 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.7470 of 2022


                N.Kannammal                                                        ... Petitioner

                                                             Vs.

                1. The Superintendent of Police,
                   Gandhiji Road,
                   Marapalam,
                   Erode – 638 001.

                2. The Inspector of Police,
                   Erode North Police Station,
                   Erode District.                                                 ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to direct the respondents to register the complaint given by petitioner dated
                28.08.2020 and investigate the same.


                                       For Petitioner    :     Mr.D.Rajagopal
                                       For Respondents :       Mr.N.Muthuvel
                                                               Government Advocate (Crl.Side)




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https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.No.7470 of 2022

                                                     ORDER

This Criminal Original Petition has been filed seeking to direct the

respondents to register the complaint based on the complaint given by the

petitioner on 28.08.2020.

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

for the respondents 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

second respondent police.

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. High Court can intervene only in

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7470 of 2022

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7470 of 2022

N. SATHISH KUMAR, J.

ham/rgi

To

1. The Superintendent of Police, Gandhiji Road, Marapalam, Erode – 638 001.

2. The Inspector of Police, Erode North Police Station, Erode District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.7470 of 2022

15.06.2022

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