A.S.Ammanullah Khan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No. 2008 of 2018 A.S.Ammanullah Khan ..Petitioner Vs

1. The Commissioner of Police, Chennai City, Vepery, Chennai-600 007.

2. The Inspector of Police, B-1, North Beach Police Station, Rajaji Salai, Chennai

3. Ideal Khaja

4. Riyas Mohamed

5. Navazh

6. Falil

7. Thameem

8. Fazrulla

9. Mohammed Ali 10.Mohammed Jakkaria 11.Abdul Hameed 12.Rahmathulla

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents police 1 & 2 to register the case on the basis of the petitioner's complaint dated 30.12.2017 and to investigate the matter. For Petitioner : Mr.D.Suresh For Respondents : Mrs.P.Kritika Kamal Government Advocate (Crl.Side) -For R1 & R2 *****

O R D E R

This petition is filed seeking a direction to the respondents police to register a case on the basis of the petitioner's complaint dated 30.12.2017.

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 30.12.2017 to the respondents, 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 respondents are 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 30.12.2017 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 2nd 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 2nd 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 disclosure 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 2nd respondent's police station.

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

Sd/- Assistant Registrar(CS-iii) //True Copy// Sub Assistant Registrar ak To

1. The Commissioner of Police, Vepery, Chennai-600 007.

2. The Inspector of Police, B-1, North Beach Police Station, Rajaji Salai, Chennai 3.The Public Prosecutor, High Court, Madras.

+2cc to Mr.D.SURESH Advocate, S.R.No. 5195 Crl.O.P.No.2008 of 2018 SV(CO) TR(13/02/2018)