Madras High Court
Sowmiya vs The Commissioner Of Police on 12 October, 2022
Crl.O.P.No.24624 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 12.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.No.24624 of 2022
Sowmiya
rep. by her power agent
Mr.V.P.Raman ... Petitioner
Vs.
1. The Commissioner of Police,
Tambaram City Police,
No.42/1, Medavakkam Main Road,
Sholinganallur, Chennai.
2. The Deputy Commissioner of Police,
Central Crime Branch, Tambaram City Police,
No.42/1, Medavakkam Main Road,
Sholinganallur, Chennai.
3. The Additional Deputy Commissioner of Police,
Central Crime Branch, Tambaram City Police,
No.42/1, Medavakkam Main Road,
Sholinganallur, Chennai.
4. M.S.Kathirvelu
5. K.Asokan
6. AGS Colony Resident Welfare Association,
Plot No.43 & 44, Kishkintha Road,
Peungalathur Village,
Page 1 of 6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24624 of 2022
West Tambaram, Chennai 600 045. ... Respondents
Prayer: Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, 1973 to direct the respondents 1 to 3 to
register the criminal complaint made by the petitioner against the
respondents 4 to 6 on 06.02.2022, 31.03.2022 and 02.04.2022, which
was acknowledged by them vide No.40/DC/CCB/TBM dated
06.02.2022 and to further investigate the matter and to file a final report
before the competent Magistrate Court.
For petitioner : Mr.J.Selvarajan
For respondent : Mr.S.Santhosh
Government Advocate (Crl.side)
for R1 to R3
ORDER
This Criminal Original petition has been filed to direct the
respondents 1 to 3 to register the criminal complaint made by the
petitioner against the respondents 4 to 6 on 06.02.2022, 31.03.2022 and
02.04.2022, which was acknowledged by them vide
No.40/DC/CCB/TBM dated 06.02.2022 and to further investigate the
matter and to file a final report before the competent Magistrate Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24624 of 2022
2. The learned counsel for the petitioner submitted that the
petitioner lodged a complaint against the respondents 4 to 6, with regard
to land grabbing on 06.02.2022 and though it was acknowledged by the
respondent police vide No.40/DC/CCB/TBM dated 06.02.2022, they
have not taken any steps to register the case and to investigate the
matter. Hence appropriate direction may be given to them.
3. The learned Government Advocate (Crl.Side) appearing for the
respondents 1 to 3 submitted that after receipt of the complaint from the
petitioner against the respondents 4 to 6, the first respondent forwarded
the same to the Central Crime Branch, Tambaram City Police,
Medavakkam Main Road, Chenni for further investigation Hence, he
seeks time time to conclude the preliminary enquiry and to investigate
the case further.
4.Heard the learned counsel appearing for the petitioner and
learned Additional Public Prosecutor appearing for the respondent.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24624 of 2022
5. 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 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.
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Crl.O.P.No.24624 of 2022
6. In view of the above direction, this Criminal Original Petition is
disposed of.
12.10.2022
Index:Yes/No
mst
To
1. The Commissioner of Police,
Tambaram City Police,
No.42/1, Medavakkam Main Road,
Sholinganallur, Chennai.
2. The Deputy Commissioner of Police,
Central Crime Branch, Tambaram City Police,
No.42/1, Medavakkam Main Road,
Sholinganallur, Chennai.
3. The Additional Deputy Commissioner of Police,
Central Crime Branch, Tambaram City Police,
No.42/1, Medavakkam Main Road,
Sholinganallur, Chennai.
4.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24624 of 2022
V.SIVAGNANAM, J.
mst
Crl.O.P.No.24624 of 2022
12.10.2022
https://www.mhc.tn.gov.in/judis
