P.Pandiyan, M/A 45 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.9011 of 2018 P.Pandiyan ... Petitioner

Versus

1.State rep.by The Superintendent of Police, Nethimedu Salem.

2.The Deputy Superintendent of Police, Attur, Salem District.

3.The State rep.by The Inspector of Police, Attur Police Station, Salem District.

... Respondents Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to conduct enquiry and register the case based on the petitioner's complaint dated 16.03.2018 in CSR No.118 of 2018 and to file a final report within the stipulated time.

For Petitioner :

Mr.A.Rajakumar For Respondents :

Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

This petition is filed seeking a direction to to direct the first respondent to register the FIR based on the petitioner's complaint dated 16.03.2018 in CSR No.118 of 2018 and to file a final report within the stipulated time. 2.By consent of both sides, this Criminal Original Petition is taken up for final disposal.

3.The grievance of the petitioner is that inspite of a complaint given by him on 16.03.2018 to the first respondent, the same has been kept in abeyance without any action. It is well settled in the judgment of the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2013 (6) CTC 353], that registration of an FIR is mandatory under Section 154 of the Code of Criminal Procedure if an information furnished to the police officer disclose commission of a cognizable offence and in cases where the information does not disclose a cognizable offence, a preliminary enquiry has to be conducted.

4. The first respondent is not justified in having received the complaint and keeping it unattended without any further action. In view of the same, the petitioner has made out a case for this Court to invoke its inherent powers under Section 482 of the Criminal Procedure Code.

5. In the result, the petitioner is directed to give a copy of the complaint dated 16.03.2018 to the Station House Officer having territorial jurisdiction over the issue. On receipt of the said copy of the complaint, the concerned Station House Officer shall adhere to the following directions.

1)If the information received by the 3rd respondent discloses commission of a cognizable offence, then, the same shall be forthwith registered.

2)If an information received does not disclose a cognizable offence, the 3rd respondent shall conduct a preliminary inquiry to ascertain whether cognizable offence is disclosed therein or not and such inquiry shall be completed within a period of fifteen days from the date of information.

3) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered, if not already registered or closed.

4) If the preliminary inquiry ends in closing the complaint, the closure report must be recorded along with the reasonings and a copy of the same shall be furnished to the complainant within one week.

5)All information relating to cognizable offences whether resulting in registration of FIR or leading an inquiry must be reflected in the general diary/station diary/daily diary of the 3rd respondent's police station.

6. In the result, the Criminal Original Petition is allowed with the above directions.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar klt

To 1.The Superintendent of Police, Nethimedu Salem.

2.The Deputy Superintendent of Police, Attur, Salem District.

3.The Inspector of Police, Attur Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9011 of 2018 MR(CO) EU(25/04/2018)