Madras High CourtCRL OP/8844/2022disposed of

A.Bakkiyalakshmi v. The State Rep By

2022-06-15Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.8844 of 2022 A.Bakkiyalakshmi

...Petitioner

Vs.

The State rep by The Inspector of Police, All Women Police Station, Ennore, Chennai - 600 057.

...Respondent

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register FIR on the complaint dated 20.01.2021 lodge by the petitioner and investigate and take action on the complaint given by the petitioner within a stipulated time fixed by this Hon'ble Court. For Petitioner : Ms.Samanta and Ston For Respondent : Mr.N.Muthuvel Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to register FIR on the complaint dated 20.01.2021 lodge by the petitioner and investigate and take action on the complaint given by the petitioner within a stipulated time fixed by this Hon'ble Court.

2. Mr.N.Muthuvel, learned Government Advocate for the respondent would submit that based on the complaint given by the petitioner, enquiry has been conducted and the same is pending on the file of the respondent police.

3. Heard the learned counsel for the petitioner and the learned Government Advocate 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, https://hcservices.ecourts.gov.in/hcservices/

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. However, taking note of the fact that the complaint is now pending and not been enquired, the Investigation officer is directed to issue notice to the parties and conduct enquiry as directed by the Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)]. If any cognizable offence is made out, the respondent police is bound to register the FIR otherwise they may close the complaint. Such exercise shall be completed within a period of two weeks from today.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ham/mtl To

1. The State rep by The Inspector of Police, All Women Police Station, Ennore, Chennai - 600 057.

2. The Public Prosecutor, High Court, Chennai.

Crl.O.P.No.8844 of 2022 SKM(CO) RGA(30/06/2022) https://hcservices.ecourts.gov.in/hcservices/