Pachaiyammal vs The Superintendent Of Police
2022 Latest Caselaw 10298 Mad

                                                                                    Crl.O.P.No.7726 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.7726 of 2022


                Pachaiyammal                                                     ... Petitioner
                                                             Vs.

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

                2. The Inspector of Police,
                   Chinnasalem Police Station,
                   Kallakurichi District.                                        ... Respondents


                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to directing the 2nd respondent to register a FIR based on a complaint of the
                petitioner dated 12.04.2020 and investigating the same in accordance with law.


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


                                                        ORDER

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7726 of 2022

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

to register a FIR based on a complaint of the petitioner dated 12.04.2020 and

investigate the same in accordance with law.

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

for the respondent police submitted that based on the complaint given by the

petitioner, enquiry has been conducted and the same is pending on the file of

the 2nd respondent police.

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

Government Advocate (Crl. Side) for the respondent police.

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.7726 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 rgi/ham Index :Yes/No Speaking/Non-Speaking Order Internet:Yes/No

N. SATHISH KUMAR,J.

rgi/ham

https://www.mhc.tn.gov.in/judis Crl.O.P.No.7726 of 2022

To

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

2. The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.

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

Crl.O.P.No.7726 of 2022

15.06.2022

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