G.Murali, M/A 29 Yrs, v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.6491 of 2018 G.Murali ... Petitioner Vs.
The State, Rep.by the Inspector of Police, Tiruttani Police Station, Tiruttani, Thiruvallur District.
(Crime No.35 of 2016) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 praying to direct the respondent police to register the complaint dated 23.03.2017.
For Petitioner :
Mr.P.Ganesh Ram For Respondent :
Mrs.P. Kritika Kamal Government Advocate (Crl.Side)
ORDER
This petition is filed for seeking a direction to the respondent police to register the complaint dated 23.03.2017.
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 23.03.2017 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. The learned Government Advocate (Crl.Side) On instructions submitted that in connection with the same, a complaint has already been registered by the Inspector of Police, District Crime Branch, Thiruvallur in Crime No.35 of 2016 and the same is said to be pending. Hence, there shall be a direction to the Superintendent of Police, District Crime Branch, Thiruvallur to take up the said complaint and adhere to the following directions.
1)If the information received by the Superintendent of Police, District Crime Branch, Thiruvallur 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 Superintendent of Police, District Crime Branch, Thiruvallur 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 Superintendent of Police, District Crime Branch, Thiruvallur.
6. In the result, the Criminal Original Petition is allowed with the above directions.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar vv To 1.The Inspector of Police, Tiruttani Police Station, Tiruttani, Thiruvallur District.
2. The Superintendent of Police, District Crime Branch, Thiruvallur.
3. The Public Prosecutor, High Court, Madras.
+1 CC to Mr.P.Ganesh Ram, Advocate Sr.No.18277 +1 CC to Government Pleader, High Court, Chennai Sr.No.16485 Crl.O.P.No.6491 of 2018 KP(23/03/2018)