J.Deepika v. Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.10453 of 2022 J. Deepika ... Petitioner Vs

1. The Commissioner of Police O/o The Commissioner of Police Greater Chennai City Police No.132 E.V.K.Sampath Road Vepery, Periyamet Chennai 600 007.

2. State rep by The Inspector of Police R 5 Virugambakkam Police Station Chennai 600 093.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to register a case based upon the petitioner's complaint dated 27/10/2021. For Petitioner ...

Mr.M.G.Ramachandran For Respondent ...

Mr.A. Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to register a case based upon the petitioner's complaint dated 27/10/2021.

2. The main allegation of the petitioner is that the respondents Police have not taken any valuable action on her complaint dated 27/10/2021.

3. Heard Mr.M.G.Ramachandran, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents.

4.

Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondent would submit that based on the https://hcservices.ecourts.gov.in/hcservices/

complaint given by the petitioner, enquiry has been conducted and the same is pending on the file of the second respondent police.

5. 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 intrevene 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 Offier 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.

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

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar mvs.

To

1. The Commissioner of Police O/o The Commissioner of Police Greater Chennai City Police No.132 E.V.K.Sampath Road Vepery, Periyamet Chennai 600 007.

2. The Inspector of Police R 5 Virugambakkam Police Station Chennai 600 093.

3. The Public Prosecutor, High Court, Madras.

Crl. O.P. No.10453 of 2022 SSI(CO) SB(05/07/2022) https://hcservices.ecourts.gov.in/hcservices/