M.Sumathi, F/A 44 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.21426 of 2017 M.Sumathi .. Petitioner Vs.
1. State rep. by The Inspector of Police, F-5, Pathirvedu Police Station, Matharpakkam, Thiruvallur, Thiruvallur District.
2. The Superintendent of Police, Thiruvallur District, Thiruvallur.
3. Shriram Transport Finance Company Ltd., rep. by its Mr.Bharanikumar Area Manager.
4. Minnal Kamalam @ Rajan
5. Pushpa @ Pushparani .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 & 2 to register a case based on the complaints given by the petitioner on 05.01.2016 & 03.03.2017.
For Petitioner :
M/s.J.Senthamil Arasu For Respondents :
Mr.P.Govindarajan, APP For R1 & R2 - - - -
ORDER
This petition is filed seeking a direction to the respondents 1 & 2 to register a case based on the complaint lodged by the petitioner dated 05.01.2016 & 03.03.2017 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 her on 05.01.2016 & 03.03.2017 to the 1st & 2nd respondents respectively, the same have 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 1st & 2nd respondents are not justified in having received the complaints 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 1st respondent is directed as follows:
1)If the information received by the 1st 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 1st 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 1st respondent's police station.
5. In the result, the Criminal Original Petition is allowed with the above directions.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ak/aav To
1. The Inspector of Police, F-5, Pathirvedu Police Station, Matharpakkam, Thiruvallur, Thiruvallur District.
2. The Superintendent of Police, Thiruvallur District, Thiruvallur.
3.The Public Prosecutor, High Court, Madras.
+1 cc to M/s.J.Senthil Arasu Advocate sr 73079 Crl.O.P.No.21426 of 2017 aa13/10/2017