Madras High CourtCRL OP/9474/2022closed

Saraswathy v. The Superintendent Of Police

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.9474 of 2022 Saraswathy

...Petitioner

Vs.

1. The Superintendent of Police, Salem District, Salem.

2. The Deputy Superintendent of Police, Land Grabbing Cell, Salem District.

3. The Inspector of Police , District Crime Branch, Land Grabbing Cell, Salem District.

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to pass an order of direction, directing the 3rd respondent to register petitioner complaint dated 15.02.2022 and file FIR in accordance with law to secure the ends of justice. For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.N.Muthuvel Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to direct the third respondent to register the complaint on the basis of the petitioner's complaint dated 15.02.2022. 2.Mr.N.Muthuvel, learned Government Advocate (Crl.Side) submitted that the enquiry has been conducted and the same has been closed on 18.04.2022.

3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents. 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 right as per Code.

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

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ham/rgi To

1. The Superintendent of Police, Salem District,Salem.

2. The Deputy Superintendent of Police, Land Grabbing Cell, Salem District.

3. The Inspector of Police, District Crime Branch, Land Grabbing Cell, Salem District..

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9474 of 2022 PL(CO) RGA(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/