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Madras High CourtCRL OP/6435/2022closed

E.Kumari v. State Rep By

2022-06-14Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.6435 of 2022 E.Kumari ... Petitioner Vs.

State rep. by Inspector of Police, S.10, Pallikaranai Police Station, Chennai - 600 100.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to register a case based on the complaint lodged by the petitioner dated 17.01.2022 before the respondent and investigate the same according to law. For Petitioner : Mr.S.Agni For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to register a case based on the complaint lodged by the petitioner dated 17.01.2022 before the respondent and investigate the same according to law.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted and the same has been closed on 23.03.2022.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

only in extraordinary circumstances and rare cases. It is for the petitioner to pursue his right as per Code.

5. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar rap To

1. The Inspector of Police, S.10, Pallikaranai Police Station, Chennai - 600 100.

2.The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.6435 of 2022 GPL(CO) GMY(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/