S. Gunabushanam, v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.10.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.21486 of 2017 S.Gunabushanam ..
Petitioner Vs.
1. The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai-600 007.
2. The Inspector of Police, K-4, Anna Nagar Police Station, Anna Nagar, Chennai-600 040.
..
Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2nd respondent to register the FIR on the complaint dated 05.09.2017 in CSR No.1114 of 2017 and to investigate the same by taking appropriate action in accordance with law.
For Petitioner : M/s.McGan Law Firm For Respondents : Mr.P.Govindarajan Additional Public Prosecutor
ORDER
This petition is filed seeking a direction to the 2nd respondent to register a case based on the complaint lodged by the petitioner dated 05.09.2017 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 05.09.2017 to the 1st and 2nd 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 respondents are 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 2nd respondent is directed as follows:
1)If the information received by the 2nd 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 2nd 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 2nd respondent's police station.
5.In the result, the Criminal Original Petition is allowed with the above directions.
rli/kkd Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar
To
1. The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai-600 007.
2. The Inspector of Police, K-4, Anna Nagar Police Station, Anna Nagar,Chennai-600 040.
3.The Public Prosecutor, High Court, Madras.
+1CC to M/S.MCGAN LAW FIRM Advocate SR.NO.72978 Crl.O.P.No.21486 of 2017 MK:28/10/2017