A.Selvi vs State Rep By on 11 July, 2022

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Madras High Court

A.Selvi vs State Rep By on 11 July, 2022

Bench: N.Sathish Kumar

                                                                               Crl.OP.No.15851 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 11.07.2022

                                                         CORAM

                              THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                                Crl.O.P.No.15851 of 2022

               A.Selvi                                                      ... Petitioner
                                                           Vs.

               1.State rep by
                 District superintendent of Police,
                 O/o. District Superintendent of Police,
                 Namakkal District.

               2.State rep by
                 Inspector of Police,
                 Paramathi Police Station,
                 Paramathi,
                 Namakkal District.                                         ... Respondents

               PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to
               register the complaint dated 11.04.2022 and investigate the same as per the
               directions issued in Crl.M.P.No.2157 of 2022 dated 20.04.2022 on the file of the
               learned Judicial Magistrate, Paramathi and register the FIR in accordance with
               law.
                                   For Petitioner            : M/S.D.Bharathy
                                   For Respondents           : Leonard Arul Joseph Selvam
                                                               Government Advocate(Crl.Side)


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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.15851 of 2022


                                                       ORDER

This Criminal Original Petition has been filed seeking direction to the respondents to register the complaint dated 11.04.2022 and investigate the same as per the directions issued in Crl.M.P.No.2157 of 2022 dated 20.04.2022 on the file of the learned Judicial Magistrate, Paramathi.

2. It is the grievance of the petitioner that despite the order of the learned Judicial Magistrate, Paramathi, in Crl.M.P.No.2157 of 2022 dated 20.04.2022 passed under Section 156(3) of Cr.P.C to register the FIR and file a report, the respondent police has not complied with the same.

3.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) 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 489 and the Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench in 2/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.15851 of 2022 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 the date of receipt of a copy of this Order.

5. In view of the above direction, this Criminal Original Petition is disposed of.

11.07.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order nr/ksa-2 3/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.15851 of 2022 To

1.The District superintendent of Police, O/o. District Superintendent of Police, Namakkal District.

2.The Inspector of Police, Paramathi Police Station, Paramathi, Namakkal District.

3.The Public Prosecutor, High Court of Madras, Chennai.

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https://www.mhc.tn.gov.in/judis Crl.OP.No.15851 of 2022 N.SATHISH KUMAR,J.

nr Crl.O.P.No.15851 of 2022 11.07.2022 5/5 https://www.mhc.tn.gov.in/judis

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