G.R.Sekar, v. Additional Director General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.11.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.23564 of 2017 G.R.Sekar ... Petitioner Vs.
1.Additional Director General of Police, Crime Branch CID, Egmore, Chennai - 600 008.
2.Inspector of Police, Tiruvanmiyur, Chennai - 600 041.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent to register the case based on the complaint dated 02.09.2015 and investigate in accordance with law.
For Petitioner :
Mr.A.S.Baalaji For Respondents :
Mr.C. Iyyapparaj Additional Public Prosecutor.
ORDER
This petition is filed seeking a direction to the second respondent to register the case based on the complaint dated 02.09.2015 and to investigate the same 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 02.09.2015 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 petitioners are directed to give a copy of the complaint dated 02.09.2015 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/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar nl
To 1.The Additional Director General of Police, Crime Branch CID, Egmore, Chennai - 600 008.
2.The Inspector of Police, Tiruvanmiyur, Chennai - 600 041.
3.The Public Prosecutor, High Court, Madras.
+ 1 cc to Mr.A.S. Baalaji, Advocate Sr.78002 Crl.O.P.No.23564 of 2017 CS-V EU(14/11/2017)