Kalavathi vs State Represented By
2022 Latest Caselaw 11088 Mad

                                                                                    Crl.O.P.No.9734 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 24.06.2022

                                                             CORAM

                            THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                                   Crl.O.P.No.9734 of 2022

                Kalavathi                                                           ... Petitioner

                                                              Vs.


                State represented by,
                The Inspector of Police,
                Kodumudi Police Station,
                Erode District.                                                     ... Respondent

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the respondent police to register the petitioner's complaint dated
                20.03.2022.


                                            For Petitioner    : Mr.K.Selvakumaraswami
                                            For Respondent    : Mr.A.Gokulakrishnan,
                                                               Additional Public Prosecutor.

                                                             ORDER

This Criminal Original Petition has been filed to direct the respondent

police to register the petitioner's complaint dated 20.03.2022.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9734 of 2022

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 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

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

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9734 of 2022

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.

24.06.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order

shk/nr

https://www.mhc.tn.gov.in/judis Crl.O.P.No.9734 of 2022

N.SATHISH KUMAR,J.

shk/nr

To

1.The Inspector of Police, Kodumudi Police Station, Erode District.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9734 of 2022

24.06.2022

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