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Madras High CourtCRL OP/8877/2022closed

U.Sandhana @ Praveena v. The Inspector 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.8877 OF 2022 U.Sandhana @ Praveena ... Petitioner/Defacto Complainant .Vs.

The Inspector of Police, AWPS, Madhavaram, Chennai.

(CSR No.515 of 2021) ... Respondent/Complainant PRAYER:- This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register an FIR on the petitioner's complaint dated 17.10.2021 in C.S.R.No.515 of 2021 dated 18.10.2021.

For Petitioner : Mr.S.Anil Sandeep For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police to register an FIR on the petitioner's complaint dated 17.10.2021 in C.S.R No.515 of 2021 dated 18.10.2021.

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

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. https://hcservices.ecourts.gov.in/hcservices/

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 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 Inspector of Police, AWPS, Madhavaram, Chennai.

2.

The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.S.Anil Sandeep, Advocate, S.R.No.39103 CRL.O.P.NO.8877 OF 2022 SJ(CO) PBS/05/07/2022 https://hcservices.ecourts.gov.in/hcservices/