Gomathy @ Anitha vs State By
2022 Latest Caselaw 10281 Mad

                                                                                  Crl.O.P.No.10243 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.10243 of 2022


                Gomathy @ Anitha                                                   ... Petitioner

                                                             Vs.

                State by,
                The Inspector of Police,
                AWPS,
                St. Thomas Mount Police Station,
                Chennai.                                                           ... Respondent

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to direct the respondent police to register FIR on the basis of the petitioner
                complaint dated 11.09.2021 vide C.S.R.No.111 of 2021 pending on the file of
                the respondent police.


                                       For Petitioner    :     Mr.M.Jaikumar
                                       For Respondent    :     Mr.N.Muthuvel
                                                               Government Advocate (Crl.Side)




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https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.No.10243 of 2022



                                                       ORDER

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

the second respondent police to register the FIR, based on the petitioner's

complaint dated 11.09.2021 vide C.S.R.No.111 of 2021.

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

that the enquiry has been conducted in C.S.R.No.111 of 2021 and the same has

been closed.

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

Government Advocate (Crl.Side) for the respondent.

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.10243 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 stands closed.

15.06.2022 ham/rgi Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

To

1. The Inspector of Police, AWPS, St. Thomas Mount Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10243 of 2022

N. SATHISH KUMAR, J.

ham/rgi

Crl.O.P.No.10243 of 2022

15.06.2022

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