S.Malathi, F/A 37, 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.21550 of 2017 S.Malathi ..

Petitioner Vs.

1. The Commissioner of Police, Greater Chennai City, Vepery, Chennai-600 007.

2. The Deputy Commissioner of Police, St. Thomas Mount, Chennai-16.

3. The Inspector of Police, E-4, Abiramapuram Police Station, Chennai-600 028.

..

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to take necessary action against the petitioner's complaint dated 11.08.2017.

For Petitioner :

M/s.J.William Shakesphere 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 11.08.2017 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 her on 11.08.2017 to the 2nd and 3rd respondents, 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 2nd and 3rd 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 and 3rd respondents are directed as follows:

1)If the information received by the 2nd and 3rd respondents 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 and 3rd respondents 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 and 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

rli/kkd To

1. The Commissioner of Police, Greater Chennai City, Vepery, Chennai-600 007.

2. The Deputy Commissioner of Police, St. Thomas Mount, Chennai-16.

3. The Inspector of Police, E-4, Abiramapuram Police Station, Chennai-600 028.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.J.William Shakesphere, Advocate SR.No.72900 COths : 27.10.2017 Crl.O.P.No.21550 of 2017