Saraswathy vs The Superintendent Of Police
2022 Latest Caselaw 10277 Mad

                                                                                   Crl.O.P.No.9474 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.9474 of 2022


                Saraswathy                                                         ... Petitioner

                                                             Vs.

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

                2. The Deputy Superintendent of Police,
                   Land Grabbing Cell,
                   Salem District.

                3. The Inspector of Police ,
                   District Crime Branch,
                   Land Grabbing Cell,
                   Salem District.                                                 ... Respondents
                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to pass an order of direction, directing the 3rd respondent to register petitioner
                complaint dated 15.02.2022 and file FIR in accordance with law to secure the
                ends of justice.
                                       For Petitioner    :     Mr.R.Sankarasubbu
                                       For Respondents :       Mr.N.Muthuvel
                                                               Government Advocate (Crl.Side)


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https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.9474 of 2022



                                                       ORDER

This Criminal Original Petition has been filed seeking to direct the third

respondent to register the complaint on the basis of the petitioner's complaint

dated 15.02.2022.

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

that the enquiry has been conducted and the same has been closed on

18.04.2022.

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.9474 of 2022

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

To

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

2. The Deputy Superintendent of Police, Land Grabbing Cell, Salem District.

3. The Inspector of Police, District Crime Branch, Land Grabbing Cell, Salem District..

4. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9474 of 2022

N. SATHISH KUMAR, J.

ham/rgi

Crl.O.P.No.9474 of 2022

15.06.2022

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