D.Umamaheswaran v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR CRL.O.P.NO.10198 OF 2022 D.Uma Maheswaran ... Petitioner Vs.

1. The Commissioner of Police, EVR High Road, Chennai - 600 007.

2. The Inspector of Police, Navalur Police Station, Chengalpet District.

... Respondents PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2nd respondent police to register the FIR against the petitioner's complaint dated 05.05.2021. For Petitioner : Mr.K.S.Arumugam For Respondents : Mr.N.Muthuvel R1 & R2 Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent police to register the FIR against the petitioner's complaint dated 05.05.2021.

2. Mr.N.Muthuvel, learned Government Advocate for the respondents 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 second respondent police.

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

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. 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 VII) //True Copy// Sub Assistant Registrar ham/mtl To

1. The Commissioner of Police, EVR High Road, Chennai - 600 007.

2. The Inspector of Police, Navalur Police Station, Chengalpet District.

3. The Public Prosecutor, High Court, Madras-104.

Crl.O.P.No.10198 of 2022 SKM(CO) PM/29/06/2022 https://hcservices.ecourts.gov.in/hcservices/