S.Chithra,29 Yrs, v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.599 of 2018 S.Chithra ...
Petitioner Vs.
1. The Commissioner of Police, Greater Chennai Police.
2. The Assistant Commissioner of Police (L & O) Villivakkam range, Chennai City.
3. The Inspector of Police (L & O) V1 Villivakkam Police Station, Chennai.
...
Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents particularly the third respondent herein to register a case against Mr.Velpandian and Mr.Charles for the offence of Cheating, Misappropriation of money, Conspiracy and life threatening to the petitioner based on the complaint given by the petitioner dated 04.11.2017 and investigate the matter and file the final report before the consent court with in the time stipulated by this Court.
For Petitioner :
Mr.K.V.Muthu Visakan For Respondents :
Mrs.Kritika Kamal.P Government Advocate (Crl. Side)
ORDER
This petition is filed seeking a direction to the third respondent police to register a case on the basis of the petitioner's complaint dated 04.11.2017.
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 him on 04.11.2017 to the third 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 third 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.In the result, the petitioner is directed to give a copy of the complaint dated 04.11.2017 to the Station House Officer having territorial jurisdiction over the issue. On receipt of the said copy of the complaint, the concerned Station House Officer shall adhere to the following directions.
1)If the information received by the third 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 third 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 closure 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 third respondent's police station.
6. In the result, the Criminal Original Petition is allowed with the above directions.
10.01.2018 Index:Yes/No Internet: Yes/No dh/ak
To
1. The Commissioner of Police, Greater Chennai Police.
2. The Assistant Commissioner of Police (L & O) Villivakkam range, Chennai City.
3. The Inspector of Police (L & O) V1 Villivakkam Police Station, Chennai.
4. The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J., dh/ak Crl.O.P.No.599 of 2018 10.01.2018