Madras High Court
L.Senthamarai vs State Rep. By on 19 October, 2022
Crl.O.P.No.25340 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
Crl.O.P.No.25340 of 2022
L.Senthamarai ... Petitioner
Vs.
State rep. by
The Inspector of Police,
Kayar Police Station,
Chengalpattu District. ... Respondent
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the respondent to register the petitioner's complaint dated 15.09.2022
for an offence under Sections 294(B), 307 and 506(ii) of IPC r/w Section 4 of
the Tamil Nadu Prohibition of Harassment of Woman Act, 1998.
For Petitioner : Mr.G.Vishwanathan
For Respondent : Mr.S.Santhosh,
Government Advocate (crl.side)
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25340 of 2022
ORDER
This Criminal Original Petition has been filed to direct the respondent
to register the petitioner's complaint dated 15.09.2022 for an offence under
Sections 294(B), 307 and 506(ii) of IPC r/w Section 4 of the Tamil Nadu
Prohibition of Harassment of Woman Act, 1998.
2. The learned counsel appearing for the petitioner submitted that
while the petitioner went for 100 days of guranteed wage employment provided
by the Government of Tamil nadu, the Site Manager one Nagalakshmi had
abused and assaulted the petitioner's son using hands. Therefore, the petitioner
gave complaint against the said Nagalakshmi on 15.09.2022, however, 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, after receipt of complaint dated 15.09.2022 from the
petitioner, the respondent police conducted enquiry in C.S.R No.425 of 2022
and it is pending for further investigation.
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Crl.O.P.No.25340 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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25340 of 2022
V.SIVAGNANAM,J.
shk
6. With the above directions, this Criminal Original Petition is
disposed of.
19.10.2022
Internet:Yes/No
shk
To
1. The Inspector of Police,
Kayar Police Station,
Chengalpattu District.
2. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.25340 of 2022
https://www.mhc.tn.gov.in/judis
