Disposed

G.Malika v. the Superintendent of Police

Madras HC14 Jun 2022CRL OP/2653/2022

Case brief

AI extract

What is this about?

The Court disposed of the Criminal Original Petition filed under Section 482 Cr.P.C. It directed the Investigation Officer to issue notices and conduct an inquiry within two weeks. If a cognizable offence is made out, the police must register the FIR. The High Court cannot directly order FIR registration unless extraordinary circumstances exist.

What did the court decide?

Directing the investigation officer to issue notice to parties, conduct inquiry within two weeks, and register FIR if a cognizable offence is made out.

G.Malika Vs the Superintendent of Police — Civil Procedure and Limitation | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.06.2022

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CORAM

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THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

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CRL.O.P.NO.2653 OF 2022

G.Malika

... Petitioner

Vs.

The Superintendent of Police Office of District Superintendent of Police, Thiruvannamalai District.

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The Sub Inspector of Police, Mangalam Police Station, Thiruvannamalai Town Sub Division, Thiruvannamalai District.

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... Respondents

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PRAYER:

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This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 2^nd respondent to register the case on the basis of the complaint of the petitioner dated 10.11.2021.

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For Petitioner : Mr.R.Venkatesan

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For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor.

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O R D E R

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This Criminal Original Petition has been filed seeking for a direction to the second respondent to register the case on the basis of the complaint of the petitioner dated 10.11.2021.

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2 . Mr.A.Gokulakrishnan, learned Additional Public Prosecutor 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.

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3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

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

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The Division Bench of this Court in G.Prabhakaran v. The

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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. 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.

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

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Sd/-

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Assistant Registrar(CS IX)

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//True Copy//

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Sub Assistant Registrar

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shk/nr/sha