Sumathi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.3859 OF 2022 Sumathi ... Petitioner Vs.
The State Rep by The Inspector of Police, Poonamallee Police Station, Chennai-600 056.
... Respondent Prayer:
Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to issue a direction directing the Respondent herein to register the case of the Petitioner's complaint dated 09.12.2021 on the file of the Respondent Police under appropriate penal provisions of law and thus render justice. For Petitioner : Mr.N.Desinghu For Respondent : Mr.N.Muthuvel Government Advocate (Crl.Side)
O R D E R
The Criminal Original Petition has been filed seeking to direct the respondent to register the case, on the basis of the petitioner's complaint dated 09.12.2021.
2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted in C.S.R.No.1825 of 2021 and the same has been closed on 12.12.2021.
3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) 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 489 and the Hon'ble Supreme Court in its latest judgment https://hcservices.ecourts.gov.in/hcservices/
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. It is for the petitioner to pursue her right as per Code.
5. With the above direction, this Criminal Original Petition stands closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ham/rgi To
1. The Inspector of Police, Poonamallee Police Station, Chennai-600 056.
2. The Public Prosecutor, High Court of Madras.
+1cc to Mr.N.Desinghu, Advocate, S.R.No.36649 Crl.O.P.No.3859 of 2022 SKM(CO) PM/27/06/2022 https://hcservices.ecourts.gov.in/hcservices/