Madras High Court
Vimal Kumar vs State Represented By on 4 January, 2023
Crl.O.P.No.32619 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.32619 of 2022
Vimal Kumar ...
Petitioner
Vs.
State represented by,
The Inspector of Police,
All Women Police Station,
Thirumangalam, Chennai ... Respondent
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
to direct the respondent to register the FIR on the complaint given by the
petitioner dated 15.11.2022 and investigate the same in accordance with law.
For Petitioner : Mr.S.Srinivasan
For Respondents : Mr.S.Santhosh,
Government Advocate (crl.side)
ORDER
This Criminal Original Petition has been filed to direct the respondent
to register the FIR on the complaint given by the petitioner dated 15.11.2022
and investigate the same in accordance with law.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32619 of 2022
2. The learned counsel for the petitioner submitted that the petitioner
is the owner of the residential building situated in Door No.452, 11th Block,
Mogappair East, Chennai - 600 037 and one Aruna Lakshmi is a tenant in this
property. However, she has not paid the rent and there is a due for six months
totaling about Rs.78,000/-. When the petitioner demanded the dues, she in turn
demanded Rs. 2 lakhs for vacating the premises. Therefore, a complaint was
lodged before the respondent police. However, no action was taken. Therefore,
present petition is filed.
3. In response, the learned Government Advocate (Crl.Side) appearing
for the respondent submitted that, on the basis of the complaint given by the
petitioner, enquiry is pending in C.S.R.No.581 of 2022.
4. Heard the learned counsel for the petitioner and the learned
Government Advocate (crl.side) 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32619 of 2022
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 being 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
the date of receipt of a copy of this order.
6. With the above directions, this Criminal Original Petition is
disposed of.
04.01.2023
Internet:Yes/No
sma
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.32619 of 2022
G.CHANDRASEKHARAN,J.
Sma
To
1.The Inspector of Police,
All Women Police Station,
Thirumangalam, Chennai
2. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.32619 of 2022
04.01.2023
https://www.mhc.tn.gov.in/judis
