K.Rani vs The Commissioner Of Police
2022 Latest Caselaw 11094 Mad

                                                                             Crl.O.P.No.9702 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.9702 of 2022


                K.Rani                                                      ... Petitioner

                                                       Vs.

                1.The Commissioner of Police,
                  Greater Chennai Police,
                  Veppery, Chennai 600 007.

                2.The Inspector of Police,
                  CCIW, CIB,
                  Chennai.                                                  ... Respondents

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

                to direct the respondent to register the case of the petitioner's complaint dated

                22.05.2021 on the file of the second respondent police.


                                     For Petitioner    : Mr.J.Pradeep

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




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                                                                                    Crl.O.P.No.9702 of 2022




                                                          ORDER

This Criminal Original Petition has been filed to direct the respondent

to register the case of the petitioner's complaint dated 22.05.2021 on the file of

the second respondent police.

2. When the matter is taken up for hearing, learned Additional Public

Prosecutor on instructions submitted that the case has been transferred to

concern CCB on point of jurisdiction.

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

Additional Public Prosecutor.

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 intrevene only in

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

Crl.O.P.No.9702 of 2022

extraordinary circumstances and rare cases. However, taking note of the fact

that the complaint is now transferred and 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 direction, this Criminal Original Petition stands

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.9702 of 2022

N.SATHISH KUMAR,J.

Shk/nr To

1.The Commissioner of Police, Greater Chennai Police, Veppery, Chennai 600 007.

2.The Inspector of Police, CCIW, CIB, Chennai.

3.The Inspector of Police, CCB, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9702 of 2022

24.06.2022

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