Madras High Court
G.Shanthi vs The State Represented By on 17 October, 2022
Crl.O.P.No.24963 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.O.P.No.24963 of 2022
G.Shanthi ... Petitioner
Vs.
The State represented by
The Inspector of Police,
R7 K.K.Nagar Police Station,
K.K.Nagar,
Chennai 600 083 ... Respondent
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the respondent police to register a case in compliance with the order
passed by the Hon'ble XXIII Metropolitan Magistrate, Saidapet, Chennai in
Crl.M.P.No.11035 of 2022 dated 23.08.2022.
For Petitioner : Mr.M.A.Mathew Berchmans
For Respondent : Mr.S.Santhosh,
Government Advocate (crl.side)
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24963 of 2022
ORDER
This Criminal Original Petition has been filed to direct the respondent
police to register a case in compliance with the order passed by the learned
XXIII Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.11035 of
2022 dated 23.08.2022.
2. The learned counsel appearing for the petitioner submitted that
despite the order of the learned XXIII Metropolitan Magistrate, Saidapet,
Chennai in Crl.M.P.No.11035 of 2022 dated 23.08.2022 to conduct enquiry
and file the final report within a period of six weeks, the respondent police has
not registered a case till now. Therefore, the respondent police may be directed
to register the case, based on the compliant given by the petitioner.
3. The learned Government Advocate (Crl.Side) appearing for the
respondent submitted that as per the order of the learned XXIII Metropolitan
Magistrate, Saidapet, Chennai in Crl.M.P.No.11035 of 2022 dated 23.08.2022,
the respondent police conducted enquiry in C.S.R.No.11035 of 2022, however,
the petitioner has not appeared for enquiry, due to which, investigation is
pending.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24963 of 2022
4. I have considered the matter in the light of the submissions made
by the learned counsel for the petitioner and the learned Government Advocate
(Crl.Side) appearing for the respondent.
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 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 four
weeks from the date of receipt of a copy of this order. Further, the petitioner is
directed to appear for enquiry before the respondent police.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24963 of 2022
V.SIVAGNANAM,J.
shk
6. With the above directions, this Criminal Original Petition is
disposed of.
17.10.2022
Internet:Yes/No
Index:Yes/No
Speaking/Non speaking order
shk
To
1.TheInspector of Police,
R7 K.K.Nagar Police Station,
K.K.Nagar,
Chennai 600 083
2. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.24963 of 2022
https://www.mhc.tn.gov.in/judis
