P.S.Chezhian, Aged 60 Years, v. The Deputy Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.9292 of 2018 P.S.Chezhian ... Petitioner
Versus
1.The Deputy Commissioner of Police, Office of Deputy Commissioner of Police, Old Municipality Building, 1st Floor, Avadi, Chennai - 600 054.
2.The Assistant Commissioner of Police, Office of Assistant Commissioner of Police, Queen Victoria Street, Poonamallee, Chennai - 600 056.
3.The Inspector of Police, T-12 Police Station, Poonamallee, Chennai - 600 056.
... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 3rd respondent Police to register and investigate the complaint dated 21.02.2018 given by the petitioner to the 3rd respondent in CSR.No.198 of 2018. For Petitioner : M/s.D.J.Venkatesan For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side)
ORDER
This petition is filed seeking a direction to the 3rd respondent police to register a case on the basis of the petitioner's complaint dated 21.02.2018.
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 complaints given by him on 21.02.2018 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 21.02.2018 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 3rd 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 3rd 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 respondent's police station.
6. In the result, the Criminal Original Petition is allowed with the above directions.
s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar
ub/klt To 1.The Deputy Commissioner of Police, Office of Deputy Commissioner of Police, Old Municipality Building, 1st Floor, Avadi, Chennai - 600 054.
2.The Assistant Commissioner of Police, Office of Assistant Commissioner of Police, Queen Victoria Street, Poonamallee, Chennai - 600 056.
3.The Inspector of Police, T-12 Police Station, Poonamallee, Chennai - 600 056.
+1 CC to Mr.D.J. Venkatachalam, Advocate sr 22745. Crl.O.P.No.9292 of 2018 SP(10/04/2018)