C.Vimala, 49 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2018

CORAM

THE HON'BLE MR. JUSTICE R.SURESH KUMAR Crl.O.P.No.64 of 2018 C.Vimala

...Petitioner

Vs.

The State Rep by The Inspector of Police, D-1, Chengalpet Town Police Station, Chengalpet.

...Respondent

Prayer:- Petition filed under Section 482 of the Criminal Procedure Code, praying to direct the respondent to register the case in the complaint of the petitioner dated 27.11.2017. For Petitioner : Mr.V.M.Venkatramana For Respondent : Mr.R.Ravichandran Government Advocate (Crl.Side)

O R D E R

The prayer sought for in this petition is for a direction, directing the respondent to register a case in the complaint of the petitioner dated 27.11.2017.

2. I have heard Mr.V.M.Venkatramana, learned counsel appearing for the petitioner and Mr.R.Ravichandran, learned Government Advocate (Crl.Side) appearing for the respondent.

3. With the consent of both sides, this criminal original petition is taken up for final disposal at the admission stage itself.

4. It is the case of the petitioner that he has given a complaint on 27.11.2017 against one Mariaselvam at Maduranthagam and Bhaskaran and Esudoss. On receipt of the complaint the respondent police has given a C.S.R.No.505 of 2017 on 29.11.2017. However, no further progress has been shown in the investigation and no First Information Report has so far been registered. Hence, this petitioner has approached this Court with the aforesaid prayer. 5.

Mr.R.Ravichandran, learned Government Advocate

(Crl.Side) appearing for the respondent would submit that, pursuant to the complaint given by the petitioner, enquiry is going on, and soon they will complete the preliminary enquiry and act accordingly.

6. In view of the same the following directions are issued :- The petitioner is directed to give a copy of the complaint dated 27.11.2017 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. Accordingly, the Criminal Original Petition is disposed of. Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR rts To

1. The Inspector of Police, D-1, Chengalpet Town Police Station, Chengalpet.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.V.M.Venkatramana, Advocate SR.NO. 773/18 Crl.O.P.No.64 of 2018 SV(CO) JK 25/01/18