K. Raghunathan, 42 Yrs, v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.23039 of 2017 K.Raghunathan
...Petitioner
Vs.
1. The Commissioner of Police, Coimbatore City, Coimbatore District.
2. The State Rep. by The Inspector of Police, E-3, Saravanapatti Police Station, Coimbatore District.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to pass an order directing the second respondent herein Inspector of Police, E3, Saravanapatti Police Station, Coimbatore to register the FIR in CSR No. 649/2017 complaint made by the petitioner on 05.09.2017 and also to complete the investigation and file a final report accordingly within the time stipulated by this Hon'ble Court before the concerned Court. For Petitioner :
Mr.M.Senthamizh Selvan For Respondents :
Mr.C.Iyyapparaj Additional Public Prosecutor
ORDER
This petition has been filed seeking a direction to the second respondent to register the complaint dated 05.09.2017.
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 05.09.2017 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. In the result, the petitioner is directed to give a copy of the complaint dated 05.09.2017 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 second 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 second 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 second respondent's police station.
6. In the result, the Criminal Original Petition is allowed with the above directions.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar rts/smi
To
1. The Commissioner of Police, Coimbatore City, Coimbatore District.
2. The Inspector of Police, E-3, Saravanapatti Police Station, Coimbatore District.
3. The Public Prosecutor, High Court, Madras.
+1cc to M/s.R.J.Yoga Anandhi, Advocate in sr.no.77092 Crl.O.P.No.23039 of 2017 NR 16/11/2017