K.Gowri vs The Greater Chennai Commissioner ...
2023 Latest Caselaw 650 Mad

                                                                              Crl.O.P.No.29481 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 11.01.2023

                                                      CORAM

                        THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                           Crl.O.P.No.29481 of 2022

                K.Gowri                                                        ... Petitioner

                                                        Vs.

                1.The Greater Chennai Commissioner of Police,
                  Greater Chennai Police Commissioner Office,
                  EVK Sampath Road, Vepery,
                  Chennai – 600 007.

                2.The Inspector of Police,
                  Vadapalani Police Station,
                  Chennai – 600 026.                                           ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to pass an order of direction, direct the 2nd respondent to register and investigate
                the complaint on the file of the petitioner's complaint dated 14.11.2022 in
                accordance with law to secure the ends of justice.

                                     For Petitioner       : Mr.A.Hari

                                     For Respondents      : Mr.S.Santhosh,
                                                            Government Advocate (crl.side)




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https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No.29481 of 2022

                                                      ORDER

This Criminal Original Petition has been filed to direct the 2 nd

respondent to register and investigate the petitioner's complaint dated

14.11.2022 in accordance with law.

2. The learned counsel appearing for the petitioner submitted that the

accused S.Y.Eswaran and his wife Hemalatha Eswaran had prevented the use of

a comman pathway by the petitioner. Despite giving complaint, no action was

taken by the respondents. Therefore this petition.

3. The learned Government Advocate (Crl.Side) appearing for the

respondents submitted that on the basis of the complaint given by the

petitioner, enquiry was conducted earlier and that was closed on 30.05.2022.

Subsequently, petitioner gave another complaint and on the basis of that

complaint, enquiry in C.S.R.No.18 of 2023 was conducted and it is pending for

further investigation.

4. Heard the learned counsel for the petitioner and the learned

Government Advocate (crl.side) for the respondents.

5. The Division Bench of this Court in G.Prabhakaran v. The

https://www.mhc.tn.gov.in/judis Crl.O.P.No.29481 of 2022

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 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.

11.01.2023 sli Index: Yes/No Internet:Yes/No

G.CHANDRASEKHARAN,J.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.29481 of 2022

sli

To

1.The Greater Chennai Commissioner of Police, Greater Chennai Police Commissioner Office, EVK Sampath Road, Vepery, Chennai – 600 007.

2.The Inspector of Police, Vadapalani Police Station, Chennai – 600 026.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.29481 of 2022

11.01.2023

https://www.mhc.tn.gov.in/judis