N.Senthil Kumar, 35 Yrs, v. The Superentendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.21370 of 2017 N.Senthil Kumar .. Petitioner Vs.
1. The Superintendent of Police, Salem District
2. The Deputy Superintendent of Police, Attur Post & Taluk, Salem District.
3. The Inspector of Police, Veeraganur Police Station, Salem District.
.. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 3rd respondent to conduct enquiry in petitioner's complaint dated 23.08.2017 and register the case on the basis of the complaint lodged by the petitioner. For Petitioner :
Mr.A.Rajakumar For Respondents :
Mr.P.Govindarajan Additional Public Prosecutor.
ORDER
This petition is filed seeking a direction to the 3rd respondent to register a case based on the complaint lodged by the petitioner dated 23.08.2017 and investigate the same according to law. 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 23.08.2017 to the 3rd 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 3rd 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 3rd respondent is directed as follows: 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 3rd respondent's police station.
5.In the result, the Criminal Original Petition is allowed with the above directions.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
ak/aav To
1. The Superintendent of Police, Salem District
2. The Deputy Superintendent of Police, Attur Post & Taluk, Salem District.
3. The Inspector of Police, Veeraganur Police Station, Salem District.
4.The Public Prosecutor, High Court, Madras.
+1 CC to M/S.A.Rajakumar, Advocate SR.No.72424 COThs : 27.10.2017 Crl.O.P.No.21370 of 2017