Alamelu, Aged 55 Years, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.7151 of 2018 Alamelu ... Petitioner Vs.

The Inspector of Police, Mecheri Police Station, Mettur Taluk, Salem District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 praying to direct the respondent to registered the FIR against G.Senthilkumar and N.Govindaraj based on the complaint dated 12.10.2017.

For Petitioner :

Mr.K.Sathish Kumar For Respondent :

Mrs.P. Kritika Kamal Government Advocate (Crl.Side)

ORDER

This petition is filed for seeking a direction to the respondent to registered the FIR against G.Senthilkumar and N.Govindaraj based on the complaint dated 12.10.2017. 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 her on 12.10.2017 to the 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 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. Since, the averments in the complaint implicates the police officials, the Deputy Superintendent of Police, Omalur, Salem District shall adhere the following directions. 1)If the information received by the Deputy Superintendent of Police, Omalur, Salem District 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 Deputy Superintendent of Police, Omalur, Salem District 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 Deputy Superintendent of Police, Omalur, Salem District.

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vv

To

1. The Inspector of Police, Mecheri Police Station, Mettur Taluk, Salem District.

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

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.SATHISH KUMAR, Advocate, S.R.No. 19758 Crl.O.P.No.7151 of 2018 KGK(CO) TR(28/03/2018)