K. Ashok, 35 Yrs, v. The Joint Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.20267 of 2017 K.Ashok ..

Petitioner Vs.

1. The Joint commissioner of Police, T.Nagar, Chennai.

2. Inspector of Police, R1 T.Nagar Police Station, Chennai.

3. Cyber Crime Cell, Commissioner of Police, EVK Sampath Road, Vepery, Chennai -600 007 ..

Respondents ( 3rd respondent is impleaded as per order dated 22.09.2017 passed in Crl.M.P.No.12320 of 2017.) PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to register the complaint filed by the petitioner dated 11.09.2017 and investigate the matter against the accused.

For Petitioner :

M/s.S.Ramajayam For Respondents :

Mr.P.Govindarajan Additional Public Prosecutor.

ORDER

This petition is filed seeking a direction to the respondent to register a case based on the complaint lodged by the petitioner dated 11.09.2017 and investigate the same according to law. 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 11.09.2017 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. Hence, the third respondent is directed as follows: 1)If the information received by the third 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 third 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 seven 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 third respondent's police station.

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

22.09.2017 (2/2) Index:Yes/No mrp To

1. The Joint commissioner of Police, T.Nagar, Chennai.

2. Inspector of Police, R1 T.Nagar Police Station, Chennai.

3. Cyber Crime Cell, Commissioner of Police, EVK Sampath Road, Vepery, Chennai -600 007

4. The Public Prosecutor, High Court, Madras.

M.S.RAMESH.J, mrp Crl.O.P.No.20267 of 2017 22.09.2017