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Madras High CourtCRL OP/8886/2022closed

P.Rajeswari v. The Commissioner Of Police

2022-06-24Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.8886 OF 2022 P.Rajeswari

...Petitioner

Vs.

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2.The Inspector of Police, M-4 Red Hills Police Station, Red Hills, Chennai.

...Respondents

PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to register the complaint on the basis of the petitioner's complaint dated 24.12.2021.

For Petitioner :

Ms.R.Aparna For Respondents :

Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the second respondent to register the complaint on the basis of the petitioner's complaint dated 24.12.2021.

2. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted in C.S.R.No.381/2021 and the same has been closed by the second respondent.

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 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 remedy as per Code.

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

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar shk/nr To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2.The Inspector of Police, M-4 Red Hills Police Station, Red Hills, Chennai.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8886 of 2022 KV(CO) RVM(05/07/2022) https://hcservices.ecourts.gov.in/hcservices/