S.Banumathi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.4761 of 2022 S.Banumathi

...Petitioner

Vs.

1.The Commissioner of Police, Greater Chennai City Police, E.V.K. Sampath Road, Vepery, Chennai - 600 007.

2.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Adyar Division, Adyar, Chennai - 600 020.

3.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Neelangarai, Chennai - 600 041.

4.The Inspector of Police, J8 Neelangarai Police Station, Chennai - 600 041.

...Respondents

Prayer : This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the respondents Police to register the petitioner's complaint dated 10.01.2022 and file FIR in accordance with law.

For Petitioner :

Mr.M.Vijay Anand For Respondents : Mr.N.Muthuvel Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition has been filed seeking to direct the respondents to register the case, on the basis of the petitioner's complaint dated 10.01.2022.

2. Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted in C.No.102/DC-CCB II/COP-V/PE/2022 and the same has been closed 28.02.2022. https://hcservices.ecourts.gov.in/hcservices/

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 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 is closed.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar ham/rgi To 1.The Commissioner of Police, Greater Chennai City Police, E.V.K. Sampath Road, Vepery, Chennai - 600 007.

2.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Adyar Division, Adyar, Chennai - 600 020.

3.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Neelangarai, Chennai - 600 041.

4.The Inspector of Police, J8 Neelangarai Police Station, Chennai - 600 041.

5.The Public Prosecutor, High Court of Madras.

+2ccs to M/s.M.Vijayanand, Advocate Sr.No.35662 Crl.O.P.No.4761 of 2022 SSN(CO) RVM(29/06/2022) https://hcservices.ecourts.gov.in/hcservices/