Mr.C.Sitrarasu, M/A 31 Years, v. The State Rep. By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.7202 of 2018 C.Sittarasu ... Petitioner Vs.

State Rep by The Inspector of Police, H-5, New Washermenpet Police Station, Chennai - 600 081.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to register the petitioner's complaint dated 05.03.2018 and to file a F.I.R and to file a final report according to law. For Petitioner :

Dr.G.Krishnamurthy For Respondent :

Mrs.P.Kritika Kamal, Government Advocate (Crl. side)

ORDER

This petition is filed seeking a direction to the respondent police to register the petitioner's complaint dated 05.03.2018 and to file a F.I.R and to file a final report according to law.

2. Heard Dr.G.Krishnamurthy, learned counsel for the petitioner as well as Mrs.P.Kritika Kamal, learned Government Advocate (Crl. side) appearing for the respondent. 3.The grievance of the petitioner is that inspite of a complaint given by him on 05.03.2018 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 allegations are against the Inspector of Police, the petitioner is directed to give a copy of the complaint dated 05.03.2018 to the Assistant Commissioner of Police, having jurisdiction and on receipt of the said copy of the complaint, the Assistant Commissioner of Police shall adhere to the following directions.

1)If the information received by the Assistant Commissioner of Police 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 Assistant Commissioner of Police 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 Assistant Commissioner of Police's police station.

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

Sd/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Inspector of Police, H-5, New Washermenpet Police Station, Chennai - 600 081.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.G. Krishnamurthy Advocate SR.NO.18044 Crl.O.P.No.7202 of 2018 RRI (28/03/2018)