Jesintha Marry v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.2918 of 2022 Mrs.Jesintha Marry

...Petitioner

Vs.

1. The Inspector of Police, Thiruvennainallur Police Station, Thiruvennainallur, Villupuram District.

2. The Inspector of Police, Vridhachalam, Railway Police Station.

(R2-Suo Motu impleded as per order Crl.O.P.No.2918/2022 dated 16.02.2022)

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register the petitioner's complaint dated 11.10.2021 and to conduct enquiry and investigation.

For Petitioner : Mr.G.Ranganathan For Respondents : Mr.A.Gokulakrishnan for R1 and R2 Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to register the petitioner's complaint dated 11.10.2021 and to conduct enquiry.

2.Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents would submit that based on the complaint given by the petitioner, enquiry has been conducted and the same is pending.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 4.The Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl https://hcservices.ecourts.gov.in/hcservices/

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 two weeks from today.

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

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nr/shk To

1. The Inspector of Police, Thiruvennainallur Police Station, Thiruvennainallur, Villupuram District.

2. The Inspector of Police, Vridhachalam, Railway Police Station.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Ranganathan, Advocate, S.R.No.34927 Crl.O.P.No.2918 of 2022 SKM(CO) RGA(27/06/2022) https://hcservices.ecourts.gov.in/hcservices/