IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

Crl.O.P.No.2271 of 2022

D.Roopavathi

... Petitioner

Vs.

The state of Tamilnadu rep. by

The Inspector of Police,

Uthukottai police Station,

Uthukottai,

Thiruvallur District.

... Respondent

PRAYER: This Criminal Original Petition filed under Section 482

of Cr.P.C., praying, to direct the respondent to reinvestigate

the case and register the complaint in accordance with the

complaint dated 21.12.2021 preferred by the petitioner with

regard to offences of cheating, abatement of suicide and

misappropriation of sale consideration of Rs.11,05,500/- under

Section 305, 403 and 420 of IPC.

For Petitioner

: Mr.T.E.Ekambaram

For Respondent : Mr.A.Gokulakrishnan

Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct

the respondent to reinvestigate the case and register the

complaint in accordance with the complaint dated 21.12.2021

preferred by the petitioner with regard to offences of cheating,

abatement of suicide and misappropriation of sale consideration

of Rs.11,05,500/- under Sections 305, 403 and 420 of IPC.

2.

Mr.A.Gokulakrishnan, learned Additional Public

Prosecutor for the respondent 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 respondent police.

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.

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

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 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

nr/shk

To

1.The Inspector of Police,

Uthukottai police Station,

Uthukottai,

Thiruvallur District.

2. The Public Prosecutor,

High Court of Madras.

+1cc to Mr.T.E.Ekambaram, Advocate, S.R.No.34975

Crl.O.P.No.2271 of 2022

SKM(CO)

SB(27/06/2022)

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