R.Gomathy Devi vs The Superintendent Of Police
2022 Latest Caselaw 11330 Mad

                                                                           W.P.No.16160 of 2022

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                            DATED: 28.06.2022

                                                   CORAM:

                          THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                          W.P. No.16160 of 2022

                R.Gomathy Devi                                           ... Petitioner
                                                    Vs.

                1. The Superintendent of Police,
                   Erode District,
                   Erode.

                2. The Inspector of Police,
                   Sathyamangalam Police Station,
                   Erode District.

                3. M.Prabhushankar
                4. Geetha
                5. N.Manoranjitham
                6.T.Josehpeen Jeneetha                                   ...Respondents



                PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
                pleased to issue a Writ of Mandamus, directing the first respondent to direct
                second respondent to take action against 3 to 6 respondent and to conduct
                enquiry and file a First Information Report (FIR) based on the petitioner
                complaint dated 02.11.2021.




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                Page 1 of 4
                                                                                W.P.No.16160 of 2022

                                  For Petitioner       : Mr.M.Manikandhan
                                  For R1 and R2        : Mr.A.Gokulakrishnan
                                                         Additional Public Prosecutor

                                                       ORDER

The Writ Petition has been filed to direct the first respondent to direct

second respondent to take action against third to sixth respondent and to

conduct enquiry and file a First Information Report (FIR) based on the

petitioner complaint dated 02.11.2021.

2. The grievances of the petitioner is that the petitioner had made a

complaint, on 20.11.2021 as against the third to sixth respondent. Till now,

the respondent Police did not conduct enquiry and had registered the First

Information Report.

3.Heard the learned counsel for the petitioner and

Mr.A.Gokulakrishnan, learned Additional Public Prosecutor 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

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W.P.No.16160 of 2022

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 extraordinary circumstances and rare cases. However, taking note of

the fact that the complaint is now pending and not been enquired, the

Investigation Offier 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 Writ Petition is disposed of.No

costs.

28.06.2022

Index :Yes/No Internet:Yes/No nti/dhk

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W.P.No.16160 of 2022

N. SATHISH KUMAR, J.

nti/dhk

To

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, Sathyamangalam Police Station, Erode District.

3. The Public Prosecutor, High Court of Madras.

W.P. No.16160 of 2022

28.06.2022

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