Pavithra vs The Superintendent Of Police
2023 Latest Caselaw 827 Mad

                                                                                   Crl.O.P.No.1125 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 20.01.2023

                                                            CORAM

                        THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                  Crl.O.P.No.1125 of 2023

                Pavithra                                                 ... Petitioner
                                                             Vs.
                1.The Superintendent of Police,
                  Chengalpet District,
                  Chengalpet.

                2.The Inspector of Police,
                  Chunambedu Police Station,
                  Chengalpet District.                                  ... Respondents

                PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to direct the second respondent police to register FIR on the basis of the
                petitioner complaint dated 22.12.2022 pending on the file of the third
                respondent police.
                                           For Petitioner     : Mr.M.Jaikumar

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

                                                        ORDER

This Criminal Original Petition has been filed directing the second

respondent police to register FIR on the basis of the petitioner complaint dated

22.12.2022 pending on the file of the third respondent police.

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Crl.O.P.No.1125 of 2023

2. The learned counsel for the petitioner submitted that on

22.12.2022, at about 7.00 hours, petitioner, her sister and father were attacked

by the accused. In this regard an enquiry in CSR.No.1152 of 2022 was

conducted. However, no First Information Report is registered. Therefore, this

petition is filed.

3. In response, learned Government Advocate (Criminal side)

submitted that, for the same incident, petitioner's father namely Vetha Arun

Nagarajan had given a complaint. On the basis of his complaint, Crime No.409

of 2022 for the offence under Sections 294(b), 323, 506(i) of IPC and 4 of

Tamail Nadu Prohibition of Harassment of Women Act, 2002 was registered in

Chunambedu Police Station and investigation is pending.

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

Government Advocate (Criminal side) for the respondents.

5. On perusal of the complaint given by the petitioner and allegation

made in the First Information Report, it appears that there are variation with

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Crl.O.P.No.1125 of 2023

regard to the nature of the allegation and time of the occurrence in both the

cases. Further, additional accused are shown in the present complaint filed by

the petitioner.

6. 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 pending, 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 second

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.

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Crl.O.P.No.1125 of 2023

7. With the above directions, this Criminal Original Petition is disposed

of.

20.01.2023

Internet:Yes/No gd

To

1.The Superintendent of Police, Chengalpet District, Chengalpet.

2.The Inspector of Police, Chunambedu Police Station, Chengalpet District.

3. The Public Prosecutor, High Court of Madras.

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

Crl.O.P.No.1125 of 2023

G.CHANDRASEKHARAN,J.

gd

Crl.O.P.No.1125 of 2023

20.01.2023

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