D. Rajan, 58 Yrs, v. The Deputy Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.20822 of 2017 D.Rajan ` ...

Petitioner Vs.

1. The Deputy Commissioner of Police, Central Crime Branch, Vepery, Chennai-600 007.

2. The Inspector of police, VII th Team Central Crime Branch, Vepery, Chennai- 600 007 .. ..

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents herein to register FIR under sec.406,420 read with Sec.34 IPC and Sec. 4 of the Tamil Nadu Prohibition of Charging of Exorbitant Interest Act 2003, on the basis of the petitioner's complaint dated 16.08.2017 and forthwith take action according to law.

For Petitioner :

Mr.R.Kalyan Kishen Singh For Respondents :

Mr.P.Govindarajan Additional Public Prosecutor.

ORDER

This petition is filed seeking a direction to the respondents herein to register FIR under sec.406,420 read with Sec.34 IPC and Sec. 4 of the Tamil Nadu Prohibition of Charging of Exorbitant Interest Act 2003, on the basis of the petitioner's complaint dated 16.08.2017 and forthwith take action according to law 2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.

3.The grievance of the petitioner is that inspite of a complaint given by him on 16.08.2017 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 second 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 second respondent is directed as follows:

1)If the information received by the second 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 second 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. 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.

M.S.RAMESH.J, aav 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 second respondent's police station.

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

05.10.2017 Index: Yes/No Website:Yes/No aav To

1. The Deputy Commissioner of Police, Central Crime Branch, Vepery, Chennai-600 007.

2. The Inspector of police, VII th Team Central Crime Branch, Vepery, Chennai- 600 007

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20822 of 2017