S.Vijaya v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.8213 of 2018 S.Vijaya ...

Petitioner Vs.

State Rep.by The Inspector of Police, Maduravoyal Police Station, Chennai 600 095.

...

Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to register a complaint on the basis of the complaint given by the petitioner dated 13.03.2018 and pending before the respondent in C.S.R.No.141 of 2018 dated 13.03.2018 and investigate the matter in accordance with law.

For Petitioner :

Mr.S.Sidharthan For Respondent :

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

ORDER

This petition is filed seeking a direction to the respondent police to register a case on the basis of the petitioner's complaint dated 13.03.2018.

2. Heard learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) for the respondent.

3. The grievance of the petitioner is that inspite of a complaint given by him on 13.03.2018 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. In the result, the petitioner is directed to give a copy of the complaint dated 13.03.2018 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 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 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 respondent'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, Maduravoyal Police Station, Chennai 600 095.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.Sidharthan, Advocate Sr.No.21063 Crl.O.P.No.8213 of 2018 CO(SKS) RRI 04/04/2018