G.Bhuvaneshwari vs The Commissioner Of Police
2022 Latest Caselaw 10475 Mad

                                                                              Crl.O.P.No.9336 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 17.06.2022

                                                      CORAM

                            THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                            Crl.O.P.No.9336 of 2022

                G.Bhuvaneshwari                                             ... Petitioner

                                                        Vs.

                1.The Commissioner of Police,
                  No.62, Old Post Office Road,
                  Near Railway station,
                  Opp. Collector Office,
                  Gopalpuram, Coimbatore.

                2.The State rep. by The Inspector of Police,
                  C.1 Katoor Police Station,
                  Dr.Najappa Road, ATT Colony,
                  Gandhipuram, Coimbatore – 641 044.                        ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondent police to register the First Information Report against
                the accused on the basis of the petitioner complaint dated 04.01.2022 in time
                bound manner.
                                     For Petitioner    : Ms.R.Saritha

                                     For Respondents : Mr.A.Gokulakrishnan,
                                                       Additional Public Prosecutor.




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https://www.mhc.tn.gov.in/judis
                                                                                      Crl.O.P.No.9336 of 2022

                                                          ORDER

This Criminal Original Petition has been filed to direct the respondent

police to register the First Information Report against the accused on the basis

of the complaint given by the petitioner complaint dated 04.01.2022 in time

bound manner.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor 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

Additional Public Prosecutor 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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9336 of 2022

issue any direction for registration of FIR. High Court can intervene only in

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.

17.06.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order

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https://www.mhc.tn.gov.in/judis Crl.O.P.No.9336 of 2022

To,

1.The Commissioner of Police, No.62, Old Post Office Road, Near Railway station, Opp. Collector Office, Gopalpuram, Coimbatore.

2.The Inspector of Police, C.1 Katoor Police Station, Dr.Najappa Road, ATT Colony, Gandhipuram, Coimbatore – 641 044.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9336 of 2022

N.SATHISH KUMAR,J.

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Crl.O.P.No.9336 of 2022

17.06.2022

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