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Madras High CourtCRL OP/9704/2022closed

Sathya v. State Rep By

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.9704 OF 2022 Sathya ... Petitioner Vs.

State Rep by the Inspector of Police, All Women Police Station, Gudiyatham, Gudiyatham, Vellore District.

... Respondent PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register the complaint of the petitioner dated 28.08.2021. For Petitioner : Mr.G.Vinodhkumar 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 respondent police to register the complaint of the petitioner dated 28.08.2021.

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.

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

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 //True Copy// Sub Assistant Registrar shk/nr To

1. The Inspector of Police, All Women Police Station, Gudiyatham, Gudiyatham, Vellore District.

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

+1cc to Mr.G.Vinodhkumar, Advocate, S.R.No.39267 Crl.O.P.No.9704 of 2022 RSV(CO) PM/04/07/2022 https://hcservices.ecourts.gov.in/hcservices/