Narayanan, M/47 Years v. The State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.8380 of 2018 Narayanan ... Petitioner Vs.

The State rep.by the The Superintendent of Police Krishnagiri District.

...

Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to register a case based on the complaint lodged by the petitioner dated 12.03.2018 against the named person in the complaint.

For Petitioner :

Mr.V.Sakkarpani For Respondent :

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

ORDER

This petition is filed seeking a direction to the respondent to register a case based on the complaint lodged by the petitioner dated 12.03.2018 against the named person in the complaint.

2. Heard Mr.V.Sakkarapani, learned counsel for the petitioner as well as Mrs.P.Kritika Kamal, Government Advocate (Crl. side) appearing for the respondent.

3.The grievance of the petitioner is that inspite of a complaint given by him on 12.03.2018 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 Police Officials, the petitioner is directed to give a copy of the complaint dated 12.03.2018 to the Deputy Superintendent of Police, Krishnagiri and on receipt of the said copy of the complaint, the Deputy Superintendent of Police, Krishnagiri 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(CS IX) //True copy// Sub Assistant Registrar dna

To 1.The Superintendent of Police Krishnagiri District.

2.The Deputy Superintendent of Police Krishnagiri.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Sakkarapani, Advocate SR.No.22695 Crl.O.P.No.8380 of 2018 GN(17/04/2018)