Mrs.Parmitha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.21908 of 2017 Mrs.Parmitha ..

Petitioner Vs.

1.The Inspector of Police, W-13, All Women Police Station, Old Washermenpet, Chennai-600 021.

2.P.Naveen 3.Sneha Goyal 4.Pankaj Goyal 5.Preethika Goyal ..

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to register an FIR against the 2nd to 5th respondents based on the complaint dated 01.09.2017 in C.S.R.No.349 of 2017 and investigate and initiate action against the said accused.

For Petitioner :

Mr.R.Abdul Mubeen For Respondents :

Mr.P.Govindarajan Additional Public Prosecutor.

ORDER

This petition is filed seeking a direction to the 1st respondent to register a case based on the complaint lodged by the petitioner dated 01.09.2017, 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 01.09.2017 to the 1st 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 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 rm To

1. The Inspector of Police, W-13, All Women Police Station, Old Washermenpet, Chennai-600 021.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/S.R.Abdul Mubeen, Advocate Sr. 74021 Crl.O.P.No.21908 of 2017 AR(IV) VR(24/10/2017)