M.Khalikuse Zaman v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.23498 of 2017 M. Khalikuse Zaman ... Petitioner Vs.

1.The State, Rep by the Inspector of Police, District Crime Branch, Perambalur.

2.Khader Hussain 3.Bhakkirmuhamadu Amirbhatsha 4.Pachammuthu Periyasamy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first respondent herein to register the case on the petitioner complaint dated 11.08.2017 to investigate the same and to file final report in accordance with law.

For Petitioner :

Mr.T. Dharani For Respondent 1 :

Mr.C. Iyyapparaj Additional Public Prosecutor.

ORDER

This petition is filed seeking a direction to the first respondent to register a case on the petitioner's complaint dated 11.08.2017, to investigate the same and to file a final report in accordance with 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 him on 11.08.2017 to the first 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 first 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 11.08.2017 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 first 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 first 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 first respondent's police station.

6. In the result, the Criminal Original Petition is allowed with the above directions.

Assistant Registrar Dt.15.11.17 //True Copy// Sub Assistant Registrar

To 1.The Inspector of Police, District Crime Branch, Perambalur.

2.The Public Prosecutor, High Court, Madras.

+1 cc to m/s.T.Dharani,advocate,sr.77991.

Nri(co) krd 27/11 Crl.O.P.No.23498 of 2017