Sureshkumar, M/A 48 Years, v. The State Rep. By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.7968 of 2018 Suresh Kumar ... Petitioner Vs.
1.State represented by The Superintendent of Police, O/o the Superintendent of Police, Tiruvarur.
2.The Inspector of Police, Alivalam Police Station, Tiruvarur.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police to register the complaint dated 12.01.2018 preferred by the petitioner against the Sub-Inspector Mahalakshmi of Alivalam Police Station. For Petitioner : Mr.Babu Rangasamy 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 12.01.2018 and investigate the matter.
2.Heard Mr.Babu Rangasamy, 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 him on 12.01.2018 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 12.01.2018 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 VI) //True Copy// Sub Assistant Registrar nl To 1.The Superintendent of Police, O/o the Superintendent of Police, Tiruvarur.
2.The Inspector of Police, Alivalam Police Station, Tiruvarur.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.Babu Rangasamy, Advocate, S.R.No.22668 Crl.O.P.No.7968 of 2018 RRK(18/04/2018)