Chinnapillai @ Gowriammal v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.7962 of 2018 Chinnapillai @ Gowriammal ... Petitioner Vs.
1.State Represented by The Superintendent of Police, Tiruvarur, Tiruvarur District.
2.The Inspector of Police, Needamangalam Police Station, Needamangalam, Tiruvarur District.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent herein to register a case on the basis of the petitioner's complaint dated 17.02.2018.
For Petitioner : Mr.S.Kingston Jerold For Respondents : Mrs.P.Kritika Kamal Government Advocate (Crl.Side)
ORDER
This petition is filed seeking a direction to the respondents to register the complaint filed by the petitioner dated 17.02.2018 and investigate the matter.
2.Heard Mr.S.Kingston Jerold, learned counsel for the petitioner as well as Mrs.P.Kritika Kamal, learned Government Advocate (Crl.Side) appearing for the respondents. 3.The grievance of the petitioner is that inspite of a complaint given by her on 17.02.2018 to the second 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 second 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.
5.Since the allegations are against the police official, the petitioner is directed to give a copy of the complaint dated 17.02.2018 to the Deputy Superintendent of Police, Tiruvarur over the issue. On receipt of the said copy of the complaint, the concerned Deputy Superintendent of Police shall adhere to the following directions.
1)If the information received by the Deputy Superintendent of Police 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 Deputy Superintendent of Police 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 Deputy Superintendent of Police's police station.
6. In the result, the Criminal Original Petition is allowed with the above directions.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar
nl To 1.The Superintendent of Police, Tiruvarur, Tiruvarur District.
2.The Inspector of Police, Needamangalam Police Station, Needamangalam, Tiruvarur District.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.7962 of 2018 pvs(co) nr 15/05/2018