K.Sadachi vs The State Rep By
2022 Latest Caselaw 10487 Mad

                                                                                   Crl.OP.No.8522 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.8522 of 2022


               K.Sadachi                                                       ... Petitioner

                                                                  Vs.

               The State rep by:
               The Inspector of Police,
               S-6 Shankar Nagar Police Station,
               Pammal,
               Chennai.                                                       ... Respondent


               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

               direct the respondent to register a case on the complaint dated at 18.03.2022 and

               investigate into the case.


                                   For Petitioner            : Mr.G.Raino Philip

                                   For Respondent            : Mr.N.Muthuvel,
                                                               Government Advocate (crl.side)




               1/4


https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.8522 of 2022


                                                       ORDER

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

respondent to register a case on the complaint dated at 18.03.2022 and investigate

into the case.

2. Mr.N.Muthuvel, learned Government Advocate (crl.side) for the

respondent 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

respondent police.

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

https://www.mhc.tn.gov.in/judis Crl.OP.No.8522 of 2022

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

shk/mvs

https://www.mhc.tn.gov.in/judis Crl.OP.No.8522 of 2022

N.SATHISH KUMAR,J.

Shk/mvs To

1.The Inspector of Police, S-6 Shankar Nagar Police Station, Pammal, Chennai.

2. The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.8522 of 2022

17.06.2022

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