Vasanthi vs The Inspector Of Police
2022 Latest Caselaw 10490 Mad

                                                                                  Crl.OP.No.10076 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.10076 of 2022



               Vasanthi                                                         ... Petitioner

                                                                   Vs.

               The Inspector of Police,
               E-9, Police Station,
               Thazhambur, Chennai 600 130.                                    ... Respondent


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

               direct the respondent to register the FIR in view of order to comply with the Orders

               of the Judicial Magistrate -I, Chengalpattu in CMP No.3501 of 2021.


                                   For Petitioner             : Mr.K.Rangesh

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



                                                           ORDER

https://www.mhc.tn.gov.in/judis Crl.OP.No.10076 of 2022

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

respondent to register the FIR in view of order to comply with the Orders of the

Judicial Magistrate -I, Chengalpattu in CMP No.3501 of 2021.

2. It is the grievance of the petitioner that despite the order of the learned

Judicial Magistrate -I, Chengalpattu in CMP No.3501 of 2021 dated 01.04.2021

passed under Section 156(3) of Cr.P.C to file a final report within the stipulated

time for the alleged offence, the respondent police has not completed the

investigation within the prescribed period.

3.Heard the learned counsel for the petitioner and Mr.N.Muthuvel, 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.10076 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. In view of the above direction, 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.10076 of 2022

N.SATHISH KUMAR,J.

Shk/mvs To

1.The Inspector of Police, E-9, Police Station, Thazhambur, Chennai 600 130.

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

Crl.O.P.No.10076 of 2022

17.06.2022

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